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European Convention on Establishment

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William Blake
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Posts: 286
Joined: Thu Jun 07, 2007 9:55 pm

European Convention on Establishment

Post by William Blake » Mon Mar 17, 2008 7:11 am

I just wondered if anyone knows much about this?

I was reading the previous IDI for the ten year concession, it said:

On 14 October 1969, the United Kingdom ratified the European Convention on Establishment, Article 3(3) which provides that nationals of any contracting party who have been lawfully residing for more than 10 years in the territory of another party may only be expelled for reasons of national security or for particularly serious reasons relating to public order, public health or morality. Home Office practice has been to extend this provision in three respects:

¨ to include all foreign nationals;

¨ to grant indefinite leave rather than simply refrain from removing such a person; and

to allow those who have been here illegally to benefit.


I mean the new long residence rules are miles away from this convention. Does the convention still hold then in light of the new interpretation of continuos leave ? Could this be a legal challenge?
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

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