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LOCATION: Home » Right of Residence

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Grenfell Tower Update - Further Guidance
By Alexandra Pease - Immigration Barrister

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...

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

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...

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. The term ‘residing in the United Kingdom accordance with’ the Regulations requires evidence that the EEA national has been living in...

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

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.” During the decision-making time, a certificate of application, according to EU...

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. European regulations on the coordination of social security systems lay down a series of common principles to be observed by the legislation of the Member States. Those...

The Right of Permanent Residence
By Dr. Catherine Taroni - Immigration Barrister

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. The right is contained in Article 16 of the Directive: 1. Union citizens who have resided legally for a continuous period of five years in the host Member State shall...

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

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? Continuous residence for the purpose of EU law is defined in Regulation 3 of the Immigration (EEA) Regulations 2006 (as amended), and follows the definition in Directive 2004/38. Continuity is not...

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

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 Background Messrs...

 Singh, Njume and Aly were all married in Ireland to Union citizens exercising their Treaty rights in Ireland and who were granted permission to reside based on their relationship with their spouses....

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

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. What, then, is the effect on their non-EU family members’ rights of residence of a UK citizen acquiring an...

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

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. This was transposed by the UK’s Immigration (EEA) Regulations 2006, Regulation 13. Regulation 13(1) transposes the rights of...

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. The amended regulations set out the rights of EEA nationals and their family members to enter and reside...

 in the UK and also confirm the criteria for rights to permanent residence. The key changes to the regulations include: removal of the requirement in regulation 8(2(a) that an extended family member must...

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. From 29th February 2012,...

 all applicants from outside the European Economic Area (EEA) applying to stay in the UK for more than six months have to register their fingerprints and digital facial image. Successful applicants will be issued...
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