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LOCATION: Home » EEA extended family members

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Upper Tribunal Considers Extended Family Members and the EUSS
By Richmond Chambers -

The case of Batool and Ors (other family members: EU Exit) [2022] promulgated on 19 July 2022 relates to the position of ‘other family members’ under the EU Settlement Scheme (EUSS). It is one of the first published...

 decisions relating to issues arising under the EUSS.  The headnote in Batool and Others reads:  (1) An extended (oka other) family member whose entry and residence was not being facilitated by the...

Relationships with EEA Nationals after 31-12-2020
By Jasmine Theilgaard - Immigration Barrister

As outlined in our previous blog post, the Statement of Changes to the Immigration Rules HC 813, published on 22 October 2020, set out the new provisions for family members of EEA nationals in cases where the...

 family members have not been resident in the UK prior to 31 December 2020. In order to meet the definition in Appendix EU of a ‘joining family member’, a family member of an EEA national who was not...

Case C-89/17 Banger - Part 2 - Opinion in Court of Justice case on rights to effective remedy of extended family members
By Dr. Catherine Taroni - Immigration Barrister

[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...

 in the hugely important Banger case on 10 April 2018.  The background is set out here. In short, Ms Banger made an extended family member application which was refused.  The appeal rights of extended...

Opinion: Extended family members could have a right of appeal (even under the 2016 Regulations)
By Alex Papasotiriou - Immigration Barrister

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...

 Secretary of State, it is not a decision which concerns the Appellant’s entitlement to be issued with a Residence Card. As a result, such a decision does not meet the definition of “EEA decision” and...

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