KNOWLEDGE

CENTRE

Upper Tribunal: No 'Realistic Prospect' Policy in EUSS Zambrano Cases

In This Article 1. Introduction 2. The Home Office Guidance on EU Settlement Scheme 3. The EU Settlement Scheme Application 4. The Appeal Before the First-Tier Tribunal 5. The Appeal Before the Upper Tribunal 6....

More Changes to Pre-settled Status Under the EU Settlement Scheme

On 21 May 2024, the Home Office announced yet more changes to the EU Settlement Scheme. These changes will impact those who currently hold pre-settled status in the UK. The announcement includes significant changes...

Divorce and the EU Settlement Scheme: Retained Rights of Residence

A common question for those who hold Pre-Settled Status in the UK as the spouse of an EEA national is what will happen to their rights in the event of a divorce, and whether they will be eligible for Settled Status....

Update on EU Settlement Scheme Deadlines and Late Applications

The EU Settlement Scheme provides a basis for nationals of the EU, other EEA countries and Switzerland, who were resident in the UK by 31 December 2020, to apply for an immigration status that will allow them to...

High Court: Automatic Loss of Rights under the EUSS is Unlawful

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) recently won its Judicial Review challenge against the government, in which it argued that the UK was unlawfully implementing...

Apply for EU Settled Status Based on Historic Residence in the UK

The EU Settlement Scheme was introduced by the UK to preserve the rights of EU citizens and relevant family members who had been living in the UK prior to the end of the transition period, 11 pm on 31 December 2020....

Upper Tribunal Considers Durable Partners, Marriage and Human Rights Under the EUSS

In the judgement in Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC)  published on 10 August 2022, the Upper Tribunal considered the rights of partners of EEA nationals who were unable to marry before...

EU Settlement Scheme Deadlines & Late Applications

This post has been updated: Updated Guidance on Late EU Settlement Scheme Applications and Update on EU Settlement Scheme Deadlines and Late Applications As we have explained in previous articles, the deadline...

EU Settlement Scheme: Suitability Ground Refusals

Primarily, whether an applicant will be refused under the ‘suitability’ grounds in an EU Settlement Scheme application relates to previous criminal conduct, see also the previous article on criminality and applications...

New Home Office Guidance on Zambrano Carers

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...

Dual Citizens of the EU and the UK and Comprehensive Sickness Insurance

On 1 February 2022, the government agreed to amend the Immigration Rules to end the unfairness faced by EU citizens who successfully obtained British citizenship, despite a historic lack of Comprehensive Sickness...

Policy Change for Extended Family Members of UK-based EU Citizens

As has been set out in previous articles, some extended family members of UK resident EU citizens may no longer make applications to remain in or join their family members in the UK under the EU Settlement Scheme.  However...