KNOWLEDGE

CENTRE

Durable Partners of EU citizens & Derived Rights

On 16 October 2018, the Court of Appeal dealt with the potential limitations to rights of durable partner of EU citizens in the case of Secretary of State for the Home Department v Christy [2018] EWCA Civ...

The deportation of EEA nationals: distinguishing a right from a privilege

The circumstances under which an EEA national in the UK can be deported are a great deal narrower than those under which a non-EEA national can be deported. Section 3(5) of the Immigration Act 1971 states...

Time Spent As Extended Family Member Without Recognition Does Not Count

In Selim Macastena v SSHD [2018] EWCA Civ 1558 the Court of Appeal considered whether the time spent in a  durable relationship with a woman, who is an EEA national with permanent residence, can be added to...

Status of EU citizens post Brexit - Settled Status

After a long wait, on 21 June 2018, the Secretary of State for the Home Department, Sajid Javid, announced the Government’s plans for EU citizens wishing to remain in the UK post Brexit, including the process...

Chen parents, self-sufficiency and illegal work - request for Preliminary Ruling

The decision in Chen C-200/02 established that self-sufficient EEA national children have the right to be accompanied by their primary carer, where they would be unable to remain in the host Member State if...

Case C-89/17 Banger - Part 2 - Opinion in Court of Justice case on rights to effective remedy of extended family members

[Note: This is the second of two posts.  The first post, here, discusses the decision in relation to the applicability of Surinder Singh to extended family member cases] Advocate General Bobek delivered his Opinion...

Case C-89/17 Banger - Part 1 - Surinder Singh available to extended family members if AG Bobek Opinion followed by CJEU

[Note: This article is 1 of 2 on the AG’s Opinion in Banger.  In our second post we discuss the decision in relation to the right to an effective remedy] Advocate General Bobek delivered his Opinion in the...

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...

Opinion: Extended family members could have a right of appeal (even under the 2016 Regulations)

In Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC), the Upper Tribunal held that, as a decision on an application for a Residence Card for an extended family member requires the exercise of discretion by the...

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...