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LOCATION: Home » EEA Nationals & Family » Page 11

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CENTRE

Pregnant women retain ‘worker’ status for 12 months under EU law
By Richmond Chambers -

In SSWP v SSF and others [2015] UKUT 0502 (AAC) (10 September 2015) the Administrative Appeals Chamber of the Upper Tribunal gave effect to the decision of the Court of Justice of the European Union in...

 Saint Prix v Secretary of State for Work and Pensions [2015] 1 CMLR 5. The Upper Tribunal held that the ‘reasonable period’ for retaining worker status for women in the UK who give up work or looking for work...

The state’s positive duties in respect of trafficking victims
By Richmond Chambers -

In the recent case of R (on the application of FM) v The Secretary of State for the Home Department [2015] EWHC 844 (Admin), it was found that where a potential victim of trafficking is identified (following a...

 Reasonable Grounds decision), the state has a positive duty to make enquiries to determine whether the victim qualifies for discretionary leave (hereafter “DL), i.e. to refer the victim’s matter to the...

Human rights not arguable in EEA appeals unless s.120 notice served
By Richmond Chambers -

The Upper Tribunal (Mr Justice McCloskey, Mr Ockelton and Upper Tribunal Judge Rintoul) has recently decided in Amirteymour and Others (EEA appeals; human rights) [2015] UKUT 00466 (IAC) that unless the Home Office...

 serves a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 requiring an appellant to state any additional grounds for wishing to remain in the UK, an appellant in an EEA appeal...

The principle of proportionality in EU law – Part 2
By Alexis Slatter - Immigration Barrister

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...

 Hale and Lord Clarke agreed) delivered a helpful analysis of how the principle of proportionality applies in EU law.   In this second part of a two part series, we continue to summarise their findings:

The principle of proportionality in EU law – Part 1
By Alexis Slatter - Immigration Barrister

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 Hale...

 and Lord Clarke agreed) delivered a helpful analysis of how the principle of proportionality applies in EU law. In this first part of a two part series, we summarise their findings: Review of EU measures....

EU Citizens Bring Higher Skills if Born Outside the EU
By Richmond Chambers -

EU citizens living in the UK are more likely to be working in high-skilled jobs if they were born outside of the EU, according to new analysis from the Migration Observatory at the University of Oxford. The analysis,...

 which looks at data from the Labour Force Survey, found that the share of EU citizens living in the UK who were born outside Europe has fluctuated between 6 and 9% since 2004. By the beginning of 2015,...

Opinion Given on Social Benefits Entitlement
By Richmond Chambers -

An Advocate General of the Court of Justice of the European Union has given his opinion on the legality of excluding EU citizens from certain social benefits in another Member State. This case is one of a series...

 of German cases in which the Court of Justice has been asked to rule on the question whether the exclusion of certain EU citizens from entitlement to social benefits provided for by national legislation is...

Van der Elst: Using EU law to send non-EU employees to the UK
By Richmond Chambers -

If you are a business established in an EU country other than the UK, you may be able to send your employees to the UK on temporary assignments using EU free movement law, providing that the worker meets the following...

 criteria: They are lawfully resident in the EU Member State in which the employer is established; They are lawfully and habitually employed by an employer who is temporarily providing a service in...

EU free movement, the NHS and comprehensive sickness insurance
By Dr. Catherine Taroni - Immigration Barrister

With the government’s ‘immigration health surcharge’ having come into force on 6 April, efforts to gain funds from non-EEA ‘temporary’ migrants have been stepped up. There is to be an annual charge and...

 this is payable upfront, though will be refunded if the application is withdrawn or refused. The issue of NHS access and sickness insurance for EEA nationals living within the UK, however, is not so clear....

Case C-67/14, Alimanovic, Opinion of Advocate General Wathelet delivered on
By Dr. Catherine Taroni - Immigration Barrister

Alimanovic raised the question whether a Member State may exclude nationals of other Member States who are not, or are no longer, economically active and are in need...

 of assistance from entitlement to non-contributory subsistence benefits. As AG Wathelet identified, “The problem is sensitive in human and legal terms.”Law

Analysis of Recent Migrant Workers
By Richmond Chambers -

The Migration Observatory at the University of Oxford has published a new commentary analysing the numbers and characteristics of recent migrant workers in the UK. The authors of the commentary say that it provides...

 a more in depth picture of how migration has changed over the past few years than can be gained from the quarterly net migration data figures released by the Office for National Statistics. According to...

CJEU Opinion on Long-Term Residence Case
By Richmond Chambers -

An Advocate General of the Court of Justice of the European Union (CJEU) has given his opinion in a case concerning the validity of integration obligations imposed on long-term residents. The directive on...

 the status of third-country nationals who are long-term residents says that Member States are to grant long-term resident status to third-country nationals who have resided legally and continuously within their...
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