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LOCATION: Home » Knowledge Centre » Right of Residence

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Grenfell Tower Update - Further Guidance
By Alexandra Pease

A previous blog Home Office sets out Grenfell Tower Policy for survivors and directly affected individuals, 6 July 2017, analysed the directions given to caseworkers in the wake of the Grenfell Tower fire in West London in June of this year. Immigration Minister...

 Brandon Lewis announced an update on 11 October 2017: “The government believes it is right to provide this specific group of survivors greater certainty over their long-term future in the UK, subject to their continued eligibility and the necessary...

Lawful Residence prior to the accession of an EEA Member State: Croatia and Permanent Residence
By Dr. Catherine Taroni

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 EU citizens and their family members comes from Directive...

 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States “the Directive”. Article 16 of the Directive states as follows: “Article 16 General rule for Union...

Counting maternity leave towards the qualifying period for permanent residence
By Richmond Chambers

Regulation 15(1) of the Immigration (European Economic Area) Regulations 2006 (the ‘Regulations’) provides that an EEA national will acquire the right of permanent residence where they have resided in the UK in accordance with...

 the Regulations for a continuous five year period. A jobseeker; A worker; A self-employed person; A self-sufficient person; or A student. Weldemichael and another (St Prix [2014] EUECJ C-507/12; effect ) [2015] UKUT 540 (IAC)

EEA Residence Cards: Certificates of Application and Immediacy
By Dr. Catherine Taroni

According to Directive 2004/38, the right of residence of the non-EU (third-country national) family members of Union citizens, shall be evidenced by the issue of a Residence card.  A Residence Card of a Family Member of a Union citizen...

 shall be “issued no later than six months from the date on which they submit the application.”Applications for Residence Cards in the UK Around 2 weeks to receive biometrics letter – 2 weeks into the six month process.

CJEU Advocate General Gives Opinion in Favour of UK
By Richmond Chambers

In a recently given opinion, an Advocate General has proposed that the Court of Justice of the European Union (CJEU) should dismiss a case that was brought by the European Commission against the UK over the right to receive certain benefits.Contact Us

 In a recently given opinion, an Advocate General has proposed that the Court of Justice of the European Union (CJEU) should dismiss a case that was brought by the European Commission against the UK over the right to receive certain benefits.Contact Us

The Right of Permanent Residence
By Dr. Catherine Taroni

The Citizen’s Directive, Directive 2004/38, introduced a new and updated right of permanent residence, open to all EU nationals who exercised Treaty rights in a host Member State for a continuous period of five years, and to their family members.Contact Us

 The Citizen’s Directive, Directive 2004/38, introduced a new and updated right of permanent residence, open to all EU nationals who exercised Treaty rights in a host Member State for a continuous period of five years, and to their family members.Contact Us

Acquisition of Permanent Residence under EEA law
By Dr. Catherine Taroni

The right of permanent residence under EU law is acquired by Union citizens and their family members after five years’ continuous legal residence in a host member state.What constitutes 5 years’ continuous residence?

 The right of permanent residence under EU law is acquired by Union citizens and their family members after five years’ continuous legal residence in a host member state.What constitutes 5 years’ continuous residence?

Retained Rights of Residence following divorce from an EEA national
By Dr. Catherine Taroni

Advocate General Kokott has recently given her Opinion in Case C-218/14, Singh, Njume and Aly, 7 May 2015, a case concerning retained...

 rights of residence following divorce from an EEA national.Factual BackgroundRegulation 10 - Family member who has retained the right of residence

Effect of Naturalisation of an EEA National on Family Members’ Rights
By Dr. Catherine Taroni

The family members of UK nationals are not ordinarily able to benefit from EU free movement law as transposed by the EEA Regulations – there are some exceptions, but the...

 general rule is that only non-UK EU nationals can rely upon the EEA Regulations as a source of residence rights for their family members.Dual nationality: UK plus another EEA member state

EEA Family Members and Initial Rights of Residence in the UK
By Dr. Catherine Taroni

Article 6 of the Citizens’ Directive, Directive 2004/38/EC, gives a right of residence for up to three months for Union citizens and their family members...

 in possession of a valid passport who are not nationals of a Member State, providing these persons accompany or join the Union citizen.Contact Us

Changes to the Immigration (European Economic Area) Regulations
By Richmond Chambers

On 8th November 2012, changes to the Immigration (European Economic Area) Regulations 2006 came into effect. removal of the requirement in regulation 8(2(a) that an extended family member must have resided in a country in which the EEA national also resides. This...

 gives effect to the Court of Justice of the European Union (ECJ) judgment in the case of Rahman (C83/11), amendments to confer rights of entry and residence on the primary carer of a British citizen. This gives effect to the ECJ judgment in the case of...

More immigration routes require biometric residence permit
By Richmond Chambers

The UK Border Agency has completed the rollout of biometric residence permits in the UK. This significantly increases the number of biometric residence permits issued by the agency.

 The UK Border Agency has completed the rollout of biometric residence permits in the UK. This significantly increases the number of biometric residence permits issued by the agency.
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