https://freemovement.org.uk Updates, commentary, training and advice on immigration and asylum law Tue, 21 Jan 2025 10:33:09 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://freemovement.org.uk/wp-content/uploads/2022/07/cropped-Goose-logo-32x32.png https://freemovement.org.uk 32 32 https://freemovement.org.uk/court-of-appeal-says-that-application-made-to-eu-settlement-scheme-was-correctly-rejected/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-says-that-application-made-to-eu-settlement-scheme-was-correctly-rejected Fri, 20 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=217607 The Court of Appeal has upheld the Home Secretary’s decision to refuse an application made under Appendix EU by an extended family member who had not first obtained a residence document under the Immigration (EEA) Regulations 2016. The case is Emambux v Secretary of State for the Home Department [2024] EWCA Civ 1459. Background The […]]]> https://freemovement.org.uk/court-of-appeal-allows-appeal-on-eu-settlement-scheme-dependency-rules/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-allows-appeal-on-eu-settlement-scheme-dependency-rules Mon, 16 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=217490 The Court of Appeal has said that a child, who is over 21 and has rights of residence based on dependency on their EU citizen parent, does not lose those rights if they start working and are no longer financially dependent on the parent. Essentially, dependency is determined at the date of application and once […]]]> https://freemovement.org.uk/statistics-for-july-to-september-2024-show-health-and-care-worker-and-student-numbers-continuing-to-fall/?utm_source=rss&utm_medium=rss&utm_campaign=statistics-for-july-to-september-2024-show-health-and-care-worker-and-student-numbers-continuing-to-fall Thu, 28 Nov 2024 14:57:11 +0000 https://freemovement.org.uk/?p=216892 The statistics for the period July to September 2024 have been published today, showing a very large drop in health and care worker visas, a lesser but still significant drop in students, a fall in the asylum grant rate that doesn’t seem likely to achieve much beyond creating further chaos in the tribunals and maybe […]]]> https://freemovement.org.uk/eea-national-appellant-in-prison-on-31-december-2020-deemed-not-to-be-exercising-treaty-rights/?utm_source=rss&utm_medium=rss&utm_campaign=eea-national-appellant-in-prison-on-31-december-2020-deemed-not-to-be-exercising-treaty-rights Mon, 25 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216580 The Upper Tribunal has dismissed the appeal of an EEA national who was in prison over the Brexit deadline of 31 December 2020 on the basis that he was not exercising treaty rights immediately prior to the end of the transition period. The case is Manyo (EEA deportation, Imprisonment at 31/12/2020) [2024] UKUT 00362. Background […]]]> https://freemovement.org.uk/court-of-appeal-held-that-time-limit-did-not-start-to-run-where-notice-of-decision-failed-to-mention-right-of-appeal/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-held-that-time-limit-did-not-start-to-run-where-notice-of-decision-failed-to-mention-right-of-appeal Thu, 14 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216109 The Court of Appeal has held that where a notice of decision fails to advise an applicant of their right of appeal a refusal in breach of the Immigration (Notices) Regulations 2003, the time limit for appealing does not start to run. The consequence of that in this case, R (Chowdhury) v The First-tier Tribunal […]]]> https://freemovement.org.uk/lack-of-appeal-against-rejection-of-late-euss-applications-does-not-breach-withdrawal-agreement/?utm_source=rss&utm_medium=rss&utm_campaign=lack-of-appeal-against-rejection-of-late-euss-applications-does-not-breach-withdrawal-agreement Fri, 08 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=215948 The High Court has dismissed a challenge to changes made to late applications to the EU Settlement Scheme which removed the right to appeal where it is not accepted that the applicant had a good reason for applying late (i.e. where the application is rejected as invalid, rather than being accepted as valid and then […]]]> https://freemovement.org.uk/eu-settlement-scheme-curtailment-of-pre-settled-status-after-no-longer-meeting-the-rules/?utm_source=rss&utm_medium=rss&utm_campaign=eu-settlement-scheme-curtailment-of-pre-settled-status-after-no-longer-meeting-the-rules https://freemovement.org.uk/eu-settlement-scheme-curtailment-of-pre-settled-status-after-no-longer-meeting-the-rules/#comments Mon, 21 Oct 2024 07:30:00 +0000 https://freemovement.org.uk/?p=215114 Following the article ‘EU Settlement Scheme: automatic extensions and potential curtailments’, published on 30 July 2024, we are now able to provide a bit more insight about current curtailment activity under the EU Settlement Scheme (EUSS), gained from stakeholder engagement with the Home Office. Background The Home Office has the power to curtail (which means […]]]> https://freemovement.org.uk/eu-settlement-scheme-curtailment-of-pre-settled-status-after-no-longer-meeting-the-rules/feed/ 1 https://freemovement.org.uk/upper-tribunal-provides-guidance-on-the-deportation-of-eu-nationals-for-post-brexit-conduct/?utm_source=rss&utm_medium=rss&utm_campaign=upper-tribunal-provides-guidance-on-the-deportation-of-eu-nationals-for-post-brexit-conduct Mon, 30 Sep 2024 07:30:00 +0000 https://freemovement.org.uk/?p=213786 What protections under EU free movement law does someone with status under the EU Settlement Scheme enjoy if they are facing deportation due to committing a criminal offence after 31 December 2020? This question was considered by the Upper Tribunal in Secretary of State for the Home Department v Vargova (EU national: post 31 December […]]]> https://freemovement.org.uk/travelling-to-the-uk-with-and-without-status-under-the-eu-settlement-scheme/?utm_source=rss&utm_medium=rss&utm_campaign=travelling-to-the-uk-with-and-without-status-under-the-eu-settlement-scheme Thu, 26 Sep 2024 07:32:22 +0000 https://freemovement.org.uk/?p=213551 Over the summer, the Home Office published Border Force guidance explaining how those with status under the EU Settlement Scheme (EUSS) should be treated when entering the UK. The guidance also addresses pending EUSS applications and those who may be eligible but have yet to submit an EUSS application (late applicants who need to show […]]]> https://freemovement.org.uk/upper-tribunal-agrees-with-high-court-that-home-office-guidance-on-zambrano-carers-is-wrong/?utm_source=rss&utm_medium=rss&utm_campaign=upper-tribunal-agrees-with-high-court-that-home-office-guidance-on-zambrano-carers-is-wrong Wed, 14 Aug 2024 07:30:00 +0000 https://freemovement.org.uk/?p=211562 The Upper Tribunal has held that the Home Office guidance on Zambrano carers is wrong to require decision makers to assess whether a person may be able to make an application with a “realistic prospect” of succeeding under Appendix FM. This was the same conclusion reached by the High Court in the most recent round […]]]> https://freemovement.org.uk/eu-settlement-scheme-automatic-extensions-and-potential-curtailments/?utm_source=rss&utm_medium=rss&utm_campaign=eu-settlement-scheme-automatic-extensions-and-potential-curtailments Tue, 30 Jul 2024 07:30:00 +0000 https://freemovement.org.uk/?p=211133 We have recently seen several cases where a person has received a ‘minded to curtail’ notice from the Home Office following the automatic extension of their permission under the EU Settlement Scheme. Below we look at what is happening in more detail and what people in this situation should do. Background When the EU Settlement […]]]> https://freemovement.org.uk/court-of-appeal-resolves-ambiguity-about-assumed-dependency-in-eu-settlement-scheme/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-resolves-ambiguity-about-assumed-dependency-in-eu-settlement-scheme https://freemovement.org.uk/court-of-appeal-resolves-ambiguity-about-assumed-dependency-in-eu-settlement-scheme/#comments Wed, 17 Jul 2024 07:30:00 +0000 https://freemovement.org.uk/?p=210659 The court has held that a parent granted a family permit under the EU Settlement Scheme based on assumed dependency must show actual dependency to get leave to remain when applying after 1 July 2021. That decision is Secretary of State for the Home Department v Rexhaj [2024] EWCA Civ 784. Background Mrs Rexhaj is […]]]> https://freemovement.org.uk/court-of-appeal-resolves-ambiguity-about-assumed-dependency-in-eu-settlement-scheme/feed/ 1 https://freemovement.org.uk/court-of-appeal-finds-breach-of-withdrawal-agreement-in-mystery-stamp-case/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-finds-breach-of-withdrawal-agreement-in-mystery-stamp-case Thu, 11 Jul 2024 07:30:00 +0000 https://freemovement.org.uk/?p=210586 It’s the return of the “mystery” stamp! Although the Court of Appeal has come to a different conclusion than the Upper Tribunal did, holding that while a passport stamp did not amount to a relevant document for Appendix EU purposes, the protection of the Withdrawal Agreement was engaged because of the stamp and that it […]]]> https://freemovement.org.uk/home-office-policy-on-delaying-consideration-of-euss-applications-held-to-be-unlawful/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-policy-on-delaying-consideration-of-euss-applications-held-to-be-unlawful Wed, 10 Jul 2024 07:30:00 +0000 https://freemovement.org.uk/?p=210526 The “Pending Prosecutions” section of the EU Settlement Scheme: suitability requirements version 8.0 policy, which provided for applications to be paused where there was a pending prosecution, has been held to be unlawful by the Upper Tribunal. The case is R (Lukasz Krzysztofik) v Secretary of State for the Home Department, JR-2021-LON-001727, with the Independent […]]]> https://freemovement.org.uk/lengthy-absences-from-the-uk-can-put-eu-pre-settled-status-at-risk/?utm_source=rss&utm_medium=rss&utm_campaign=lengthy-absences-from-the-uk-can-put-eu-pre-settled-status-at-risk https://freemovement.org.uk/lengthy-absences-from-the-uk-can-put-eu-pre-settled-status-at-risk/#comments Wed, 03 Jul 2024 07:30:03 +0000 https://env-7121714.mightybox.site/?p=123877 Excess absences remain a real risk for holders of pre-settled status, with recent changes announced to the EU Settlement Scheme likely to cause more confusion. The changes mean that some people with pre-settled status may see their status automatically upgraded to settled status by the Home Office, while others may have their pre-settled status extended […]]]> https://freemovement.org.uk/lengthy-absences-from-the-uk-can-put-eu-pre-settled-status-at-risk/feed/ 1 https://freemovement.org.uk/first-tier-tribunal-judge-carried-out-wholly-inappropriate-cross-examination-of-appellant/?utm_source=rss&utm_medium=rss&utm_campaign=first-tier-tribunal-judge-carried-out-wholly-inappropriate-cross-examination-of-appellant https://freemovement.org.uk/first-tier-tribunal-judge-carried-out-wholly-inappropriate-cross-examination-of-appellant/#comments Mon, 01 Jul 2024 07:30:00 +0000 https://freemovement.org.uk/?p=210142 The Court of Appeal has, for the third time this year, had to intervene where the Upper Tribunal has failed to do so, in a case involving poor conduct on the part of the First-tier Tribunal. This case is Hima v The Secretary of State for the Home Department [2024] EWCA Civ 680. We have […]]]> https://freemovement.org.uk/first-tier-tribunal-judge-carried-out-wholly-inappropriate-cross-examination-of-appellant/feed/ 2 https://freemovement.org.uk/home-office-statistics-link-drop-in-asylum-grant-rate-to-nationality-and-borders-act-2022/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-statistics-link-drop-in-asylum-grant-rate-to-nationality-and-borders-act-2022 Thu, 23 May 2024 14:10:11 +0000 https://freemovement.org.uk/?p=209013 The Home Office has published statistics for the period January to March 2024 showing a marked drop in the grant rate for asylum cases, tens of thousands of EU Settlement Scheme applications rejected as invalid, and a fee waiver backlog that seems to be rapidly spiralling out of control. My full write up is below […]]]> https://freemovement.org.uk/upper-tribunal-confirms-that-appellants-lost-their-rights-under-eu-law-once-sponsor-lost-his-eu-citizenship/?utm_source=rss&utm_medium=rss&utm_campaign=upper-tribunal-confirms-that-appellants-lost-their-rights-under-eu-law-once-sponsor-lost-his-eu-citizenship Fri, 26 Apr 2024 07:30:00 +0000 https://freemovement.org.uk/?p=207746 The Upper Tribunal has overturned a decision by the First-tier Tribunal to allow the appeal of a couple who were trying to rely on their residence rights under EU law in circumstances where their sponsor had lost his EU citizenship. The case is Secretary of State for the Home Department v Nagdev & Anor (Procedural […]]]> https://freemovement.org.uk/upper-tribunal-provides-guidance-on-the-deportation-of-eu-nationals/?utm_source=rss&utm_medium=rss&utm_campaign=upper-tribunal-provides-guidance-on-the-deportation-of-eu-nationals Mon, 08 Apr 2024 07:30:00 +0000 https://freemovement.org.uk/?p=206906 If a European national receives a criminal conviction arising from conduct which took place before the Brexit cut-off date, how can they rely on those previous EU rules in an appeal against deportation? The question is important because of the very large difference in the protections afforded by the previous EU law regime, and the […]]]> https://freemovement.org.uk/withdrawal-agreement-cannot-help-woman-who-made-wrong-type-of-family-permit-application-says-court-of-appeal/?utm_source=rss&utm_medium=rss&utm_campaign=withdrawal-agreement-cannot-help-woman-who-made-wrong-type-of-family-permit-application-says-court-of-appeal Tue, 26 Mar 2024 08:30:00 +0000 https://freemovement.org.uk/?p=206351 The Court of Appeal has upheld the Upper Tribunal’s decision that those who applied for the wrong type of family permit before the end of the Brexit transition period cannot benefit from the EU Settlement Scheme or the EU Withdrawal Agreement. The decision is Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248. The leading […]]]>