KNOWLEDGE

CENTRE

Settled Status or Permanent Residence Document?

It now appears that the UK will remain a member state of the EU and therefore benefit from freedom of movement until 31 October 2019. The EU Settled Status Scheme opened to all applicants on 30 March 2019. This...

Brexit day and Updates to EEA Guidance

On the day the UK was set to leave the EU, 29 March 2019, the Home Office has published updated guidance in relation to the extended family members of EEA nationals, and the family members of British citizens...

Evidential Requirements for EU Nationals who are Self-Employed

EU nationals who wish to apply for settled status under Appendix EU on the basis of having worked in the UK for 5 years need to provide evidence of their work history over the qualifying period.  This is a requirement...

EU Settlement Scheme - Public Test Phase Now Open

Following two private trials reserved for NHS workers, university staff and students in the North West of England, the public test phase of the EU Settlement Scheme opened for applications for EU Settled Status...

EEA Derivative Rights and Article 45 TFEU

The decision in LS (Article 45 TFEU – derivative rights) [2018] UKUT 00426 (IAC) was published on 14 December 2018. As a reminder of the relevant EU primary legislation, Article 45 TFEU secures the...

When is a child born in the UK to EU national parents British?

Section 1 of the British Nationality Act 1981 (the “BNA 1981”), titled “Acquisition by birth or adoption”, provides: “(1) A person born in the United Kingdom after commencement, or in a qualifying territory...

Brexit: No deal and Citizens’ rights

On 06 December, the UK government published a policy paper on what will happen to EU citizens in the UK, and UK citizens in the EU, in the event of a ‘no deal’ Brexit outcome. With the vote on the withdrawal...

Recap on appeal rights for EEA extended family members

I have previously blogged about the appeal rights of extended family members under the EEA Regulations, which were, of course, drastically changed by Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC), where the...

Brexit: How does EU Settled Status fit with Naturalisation? Lawful residence and the ‘good character’ requirement

EU Settled Status is something of an anomaly.  Not only does it take five years’ continuous absence from the UK to lose this status, which is longer than for other grants of indefinite leave to remain, but,...

Brexit: What do I have to do from 29 March 2019?

EU nationals and their family members may well be dismayed by the recent accusations of ‘queue jumping’ widely reported, and the dismal reality of Brexit negotiations. While the UK may still be on some kind of...

Unilateral Article 50 revocation: Advocate General’s Opinion in Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union

Advocate General Campos Sánchez-Bordona proposed on 4 December 2018 that the Court of Justice should declare that Article 50 TEU allows the unilateral revocation of the notification of the intention to withdraw...

EEA National & Family Member Success Stories

Our immigration barristers have assisted clients from all around the world to join or remain with their EEA national family members in the UK. The following are a few examples of the many cases in which we have...