KNOWLEDGE

CENTRE

Retained worker status for self-employed in line with employed workers - Court of Justice decision in C-442/16, Gusa, 20 December 2017

The Court of Justice decision in Gusa may be very important to EU nationals and family members looking to make applications for permanent residence based on retained worked status, or, as in the case itself, in...

CJEU in Lounes finds EU nationals retain free movement rights after becoming British

The important High Court referral in Toufik Lounes, discussed here, was decided on 14 November 2017 by the Grand Chamber of the Court of Justice. The determination can be found here. The question to be addressed...

Extended Family Members of EU Nationals have Right of Appeal - Muhammad Yasir Khan [2017] EWCA Civ 1755

In an important case to protect the rights of EU nationals and their family members in the UK, the Court of Appeal has overturned the Sala (EFMs: Right of Appeal) [2016] UKUT 411 decision in relation to...

Family members of EEA nationals: When can an appeal stop removal?

In Bilal Ahmed, the Court of Appeal concluded that an appeal under the EEA Regulations against a decision to refuse to issue an EEA document does not prevent the removal of the appellant where there is no other...

Surinder Singh and the new EEA Regulations

Regulation 9 of the Immigration (EEA) Regulations 2016 took effect from November 2016, and sets out the criteria for when family members of British citizens can rely on the Regulations. It restricted the already...

Lawful Residence prior to the accession of an EEA Member State: Croatia and Permanent Residence

Croatia has not yet been a member of the EU for five years, but it is nonetheless possible for Croatians and family members to acquire the right of permanent residence. The right of permanent residence for...

Immigration (European Economic Area) Regulations 2016 - Commencement and General Interpretation

The new Immigration (EEA) Regulations 2016 were laid before Parliament on 3 November 2016. They consolidate many of the previous changes, but also make important changes, including in relation to the Surinder...

EU nationals and family members - post-Brexit applications

The Brexit referendum vote announced on 24 June 2016 came as a shock to many, but has no immediate impact on the rights of EU nationals and their family members in the UK. There is no urgent need to act to avoid...

Some British citizens were unable to vote in the EU Referendum

Section 2 of the EU Referendum Act 2015 set out entitlement to vote in the 23 June 2016 EU referendum: (1)Those entitled to vote in the referendum are— (a)the persons who, on the date of the referendum,...

Immigration Developments from the EU

The Court of Justice of the European Union has given its ruling in a case brought by the European Commission against the UK over its policy of refusing access to certain benefits to non-British EU citizens. The...

What impact will BREXIT actually have on migration?

On Saturday 20 February 2016, Prime Minister David Cameron announced a referendum on 23 June 2016 to determine whether Britain should exit the European Union (EU). The recently released figure of net migration into...

The principle of proportionality in EU law – Part 2

In R (on the application of Lumsdon and others) (Appellants) v Legal Services Board (Respondent) [2015] UKSC 41, [2015] 3 WLR 121, the Supreme Court (Lord Reed and Lord Toulson with whom Lord Neuberger, Lady...