KNOWLEDGE

CENTRE

High Court: Automatic Loss of Rights under the EUSS is Unlawful

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) recently won its Judicial Review challenge against the government, in which it argued that the UK was unlawfully implementing...

Apply for EU Settled Status Based on Historic Residence in the UK

The EU Settlement Scheme was introduced by the UK to preserve the rights of EU citizens and relevant family members who had been living in the UK prior to the end of the transition period, 11 pm on 31 December 2020....

Comprehensive Sickness Insurance and EEA Qualified Persons Guidance

The Home Office guidance on European Economic Area nationals: qualified persons (“The Guidance”), was updated on 31 October 2022 to provide some clarity on its stance on the comprehensive sickness insurance requirement. The...

Upper Tribunal Considers Extended Family Members and the EUSS

The case of Batool and Ors (other family members: EU Exit) [2022] promulgated on 19 July 2022 relates to the position of ‘other family members’ under the EU Settlement Scheme (EUSS). It is one of the first published...

Upper Tribunal Considers Durable Partners, Marriage and Human Rights Under the EUSS

In the judgement in Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC)  published on 10 August 2022, the Upper Tribunal considered the rights of partners of EEA nationals who were unable to marry before...

British citizenship after obtaining EU Settled Status

EU Settled Status is a relatively new form of indefinite leave to remain (ILR) for which EEA nationals and family members have to apply by 30 June 2021 or submit an eligible late application.  In this post we look...

Settled Status, Permanent Residence and Indefinite Leave to Remain

With the UK’s exit from the EU, the Government created new appendices to the Immigration Rules, Appendix EU and Appendix EU (Family Permit). The purpose of Appendix EU is to set out the basis on which an EEA citizen...

The Rights of Irish Citizens in the UK after Brexit

Students of the history of the British Isles will know that the UK’s historical relationship with the Republic of Ireland is vastly different from those the UK has with other member states of the European Union. ...

Challenging Delays to EU Settlement Scheme Applications

In an earlier post we looked at how to avoid delays in EU Settlement Scheme applications.  In this post, we consider how applicants can challenge delays in the processing of EU Settlement Scheme applications effectively.  Challenging...

Sham marriages, marriages of convenience and the burden of proof

The effectiveness of freedom of movement for EEA nationals depends on the right of their partners to reside with them. However, their ability to exercise this right may be obstructed by the increasingly enthusiastic...

Durable Partners under the EU Settlement Scheme

As discussed in my previous blog post, in order to make an application as a family member of an EEA national under the EU Settlement Scheme, the family relationship is required to have existed before 31 December...

EU Settlement Scheme Deadlines and Late Applications

This post has been updated: Updated Guidance on Late EU Settlement Scheme Applications and Update on EU Settlement Scheme Deadlines and Late Applications Appendix EU of the Immigration Rules contains the provisions...