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LOCATION: Home » EEA Nationals & Family » Page 3

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Durable Partners under the EU Settlement Scheme
By Jasmine Theilgaard - Immigration Barrister

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...

 2020. One category of family relationship covered by the Rules is that of ‘durable partners’. The provisions contained in Appendix EU in relation to durable partners are convoluted, and relate not only...

EU Settlement Scheme Deadlines and Late Applications
By Jasmine Theilgaard - Immigration Barrister

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...

 for applications for Pre-Settled Status and Settled Status under the EU Settlement Scheme. Appendix EU has long contained details of the deadlines for such applications to be submitted (defined under the...

Challenging a Settled Status decision
By Georgina Griggs - Immigration Barrister

The EU Settled Status Scheme, under Appendix EU to the Immigration Rules, opened to all applicants on 30 March 2019. Many EEA nationals and their family members have applied under the scheme, with a large proportion...

 of Settled Status applications being granted. Many have also been granted pre-Settled Status where they have not been in the UK long enough to have obtained Settled Status. However, many have been...

Avoiding Delays in EU Settlement Scheme Applications
By Lucy Katko - Immigration Barrister

A large number of applications for settled status and pre-settled status under Appendix EU, using the EU Settlement Scheme (EUSS), face significant delays. These delays can persist well beyond the expected waiting...

 times as given on the GOV.UK website: “It usually takes around 5 working days for complete applications to be processed if no further information is required, but it can take up to a month.” Although...

EU Settlement Scheme Deadlines & Late Applications
By Richmond Chambers -

This post has been updated: Updated Guidance on Late EU Settlement Scheme Applications and Update on EU Settlement Scheme Deadlines and Late Applications As we have explained in previous articles, the deadline...

 for EU citizens and their family members who are living in the UK to apply for limited leave to remain (pre-settled status) or indefinite leave to remain (settled status) under the EU Settlement Scheme...

The EU Settlement Scheme: Can I Have a Biometric Residence Card?
By Lucy Katko - Immigration Barrister

The EU Settlement Scheme (EUSS) enables Europeans and their family members to apply for immigration status in the UK. Once the grace period comes to an end on 30 June 2021, it will be necessary to have status...

 under the EUSS in order to continue to live lawfully in the UK (although late applications will be possible in certain circumstances). Over five million people have now applied to the EUSS, and with most...

EU Settlement Scheme: Suitability Ground Refusals
By Geraldine Peterson - Immigration Barrister

Primarily, whether an applicant will be refused under the ‘suitability’ grounds in an EU Settlement Scheme application relates to previous criminal conduct, see also the previous article on criminality and applications...

 under the Scheme.  It should be noted that even where there are not mandatory grounds for refusal on suitability grounds for criminal conduct, suitability grounds encompass discretionary grounds...

New Home Office Guidance on Zambrano Carers
By Jasmine Theilgaard - Immigration Barrister

The Home Office has issued its much anticipated guidance in respect of individuals deemed to meet the definition of ‘a person with a Zambrano right to reside’ under Appendix EU.  Zambrano Right to Reside Following...

 the case of C-34/09 Zambrano, under EU law a non-EU citizen who was a primary carer of a British citizen could obtain a derivative right to reside in the UK. The Zambrano right to reside was most...

Court of Appeal Considers Zambrano Carers Again
By Alex Papasotiriou - Immigration Barrister

Whilst the Immigration (European Economic Area) Regulations 2016 ceased to have effect on 31 December 2020, their retention for transitional purposes, as well as their references in the definition of Appendix EU,...

 make it likely that they will continue to be the subject-matter of court proceedings for some time. In Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767, the Court of Appeal was called...

New Guidance on Late Surinder Singh Applications
By Olivia Waddell - Immigration Barrister

In our previous blog post, we discussed the closure of the route for British Citizens to make applications under the EU Settlement Scheme for family permits for their family members to return with or join...

 them in the UK. This route, known as the ‘Surinder Singh’ route, closed to applications on Tuesday 29 March 2022 at 23:00 GMT.  On 23 March 2022, a few days before the closure of this route, the Home Office...

Comprehensive Sickness Insurance (CSI) Cover and the NHS
By Alex Papasotiriou - Immigration Barrister

The preliminary ruling of the Court of Justice of the European Union in C-247/20 VI v Commissioners for Her Majesty’s Revenue & Customs concerns the interpretation of EU law in relation to the requirement of...

 comprehensive sickness insurance cover (“CSI”) in the host Member State. Dispute in the main proceedings The dispute in the main proceedings concerned a family residing in Northern Ireland: VI and her...

Dual Citizens of the EU and the UK and Comprehensive Sickness Insurance
By Richmond Chambers -

On 1 February 2022, the government agreed to amend the Immigration Rules to end the unfairness faced by EU citizens who successfully obtained British citizenship, despite a historic lack of Comprehensive Sickness...

 Insurance, only to find that they were unable to sponsor family members to join them under the EU Settlement Scheme. Who does this Immigration Rules change affect? The amendment relates to dual nationals of...
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