KNOWLEDGE

CENTRE

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...

Raising the stakes of cost-efficiency: The NHS (Charges to Overseas Visitors) (Amendment) Regulations 2017

The new NHS (Charges to Overseas Visitors) Regulations 2017 amend the 2015 Regulations and come into effect as of 21 August and 23 October 2017. As a consequence of the 2015 Regulations, the policy changes...

CJEU in Lounes finds EU nationals retain free movement rights after becoming British

The important High Court referral in Toufik Lounes, discussed here, was decided on 14 November 2017 by the Grand Chamber of the Court of Justice. The determination can be found here. The question to be addressed...

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...

Lawful Residence prior to the accession of an EEA Member State: Croatia and Permanent Residence

Croatia has not yet been a member of the EU for five years, but it is nonetheless possible for Croatians and family members to acquire the right of permanent residence. The right of permanent residence for...

Zambrano and Derivative Rights of Residence - ECJ Grand Chamber in Chavez-Vilchez (Case C-133/15)

The FactsChavez-Vilchez (Case C-133/15) concerned eight disputes in the Netherlands that came before the Grand Chamber. All involved third-country national (‘TCN’) mothers to one or more Dutch national children....

Analysis: Government proposal on EU citizens’ position post-Brexit

On 26 June 2017, the Home Secretary presented to Parliament the Government’s proposal on the rights of EU citizens living in the UK after Brexit, previously proclaimed by the Prime Minister at the EU leaders’...