Sham marriages, marriages of convenience and the burden of proof

The effectiveness of freedom of movement for EEA nationals depends on the right of their partners to reside with them. However, their ability to exercise this right may be obstructed by the increasingly enthusiastic efforts of the Home Office to prevent abuse by...

Dual British and EU nationals - Transitional Provisions Resurrected

The new Immigration (EEA) Regulations 2016 (which have mostly yet to come into force) will be amended by the Immigration (European Economic...

Lim: Court of Appeal case on EEA Ascending Line Relatives

The Court of Appeal Case, Siew Lian Lim v Entry Clearance Officer Manila [2015] EWCA Civ 1383, was heard on 28 July 2015 before Lord Justice Elias, Lord Justice McCombe and Lord Justice Ryder.  This appeal raised the question whether an adult relative, who has...

Administrative Removal of EEA nationals and family members

On 29 March 2016, a new Instruction for Home Office staff was published:‘European Economic Area administrative removal: consideration and decision’.  The guidance explains...

5 years since end of Workers Registration Scheme brings opportunity for A8 nationals

Under the Workers Registration Scheme, which was in operation from 1 May 2004 until 30 April 2011, EU citizens from the following countries had to register to work for...

Rights of residence for financially self-sufficient EEA citizens

The Free Movement of Persons Directive 2004/38 EC sets out the right of EEA nationals and their family members to move and reside freely within the territory of the EEA Member States. The Immigration (EEA) Regulations 2006  (‘2006 Regulations’) (as amended)...