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Settlement for Dependent Parents: Appendix EU v. Appendix FM
By Richmond Chambers -

Both Appendix EU and Appendix FM provide routes to settlement in the UK for dependent parents. Whilst the focus of this post will be on dependent parents, it should be noted that Appendix EU contains provisions...

 relating to other types of dependent relatives and that Appendix FM relates, not just to dependent parents, but the broader concept of ‘adult dependent relatives’. As will be explored in this post, the...

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...

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...

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...

Zambrano Rights and Limited Leave to Remain: Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37
By Alex Papasotiriou - Immigration Barrister

The Court of Appeal has delivered its judgment in Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37, the Secretary of State’s appeal against Mostyn J’s judgment of last year. In...

 that judgment, Mostyn J held that the Secretary of State had erred in law when formulating the definition of a “person with a Zambrano right to reside” in Appendix EU to the Immigration Rules as precluding a...

How Do Criminal Convictions Affect Applications Under the EU Settlement Scheme?
By Geraldine Peterson - Immigration Barrister

In this post we ask how do criminal convictions affect EU nationals and their family members present or applying under the EU Settlement Scheme? The answer to this question is complex, and involves when the convictions...

 or conduct took place, whether deportation or expulsion action has been taken or is being considered, and whether the offence or conduct is such that it is ‘conducive to the public good’ for a...

Brexit: No deal and Citizens’ rights
By Dr. Catherine Taroni - Immigration Barrister

On 06 December, the UK government published a policy paper on what will happen to EU citizens in the UK, and UK citizens in the EU, in the event of a ‘no deal’ Brexit outcome. With the vote on the withdrawal...

 agreement delayed in Parliament, time is running out before 29 March 2019 and the possibility of there being a no-deal default is becoming more realistic.   EU citizens in the UK by 29 March 2019 The...

Brexit: What do I have to do from 29 March 2019?
By Dr. Catherine Taroni - Immigration Barrister

EU nationals and their family members may well be dismayed by the recent accusations of ‘queue jumping’ widely reported, and the dismal reality of Brexit negotiations. While the UK may still be on some kind of...

 track to leave the EU on 29 March 2019, all is not yet decided.  However, there are options for EEA nationals who wish to remain in the UK to ensure that they are able to do so.   EU law will continue to...

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