Guidance

Brexit

European citizens
European Nationals & Schemes (EUN).
EEA, Swiss nationals and EC association agreements (modernised guidance)
Home Office staff guidance issued by european policy team from 2013
Decision makers’ guide: memos: staff guide > DMG memo 16/15: EEA right to reside, permanent residence
Surinder Singh Dual UK-EEA.

The Immigration (European Economic Area) Regulations 2006 (No. 1003)
Ammendment to Immigration EEA Regulations 2006
Consolidated version of the EEA regulations
Directive 2004/38/EC thread.

EC law applications
Policy on Section 3C leave and EEA applications.
Sponsors, paranoia and unfair dismissal.
Expediting an EU residence card application
How to make a permanent residence application

Home Office interpretation of EU case law > EEA case law and appeals

2. Procedural comparison.

European Commission warning.

UKVI > Zambrano

Making a Zambrano application > Form DRF1 for Zambrano application.

CSIC

What is happening to appeals in EU free movement rights cases?

Sham marriages v Sham interviews: which is the greater evil?

7.3.

Dual British/EEA.

Part time working, low earnings, employment and self employment in EU law

Expediting an EU residence document application

Academic debate on status of non-EU family member in UK

Date of divorce initiation.

‘You have children together but your marriage is fake’: Marriages of convenience, UK courts and EU free movement law

Some interesting Cases:

Aissatou Diatta v Land Berlin. [1985] EUECJ R-267/83 (13 February 1985)
MA & Others (EU national; self-sufficiency; lawful employment ) Bangladesh [2006] UKAIT 00090
ER and Others (EU national; self-sufficiency; illegal employment) Ireland [2006] UKAIT 00096
W (China) & Anor v Secretary of State for the Home Department [2006] EWCA Civ 1494 (09 November 2006)
TB (EEA national: leave to remain?) Nigeria [2007] UKAIT 00020
AG and others (EEA-jobseeker-self-sufficient person-proof) Germany [2007] UKAIT 00075
Eind (C-291/05) (FOI)

JA v Secretary of State for Work and Pensions [2012] UKUT 122 (AAC) (16 April 2012) (Cash in hand work acceptable).
EN and AN (EEA reg 12: British Citizens) Kenya [2008] UKAIT 00028
KA (EEA: family permit; admission) Sudan [2008] UKAIT 00052
YB (EEA reg 17(4) - proper approach) Ivory Coast [2008] UKAIT 00062
HB (EEA right to reside - Metock) Algeria [2008] UKAIT 00069
Mbebe, Re Judicial Review [2008] NIQB 108 (29 September 2008) (residence card cancelled due to marriage of convenience allegations)
SM (Metock; extended family members) Sri Lanka [2008] UKAIT 00075 (30 September 2008)
JT and others (Polish workers, time spent in UK) Poland [2008] UKAIT 00077 (31 July 2008)
Zalewska v Department for Social Development (Northern Ireland) [2008] UKHL 67 (12 November 2008) (WRS legality)
Important Judgement : EEA Family Permits
Bigia & Ors v Entry Clearance Officer [2009] EWCA Civ 79 (19 February 2009)
JL (A8 worker lawful employment) Poland [2009] UKAIT 00030 (02 July 2009) , Secretary of State for Work and Pensions v ZA [2009] UKUT 294 (AAC) (17 December 2009)
ZH (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1060 (15 October 2009)
OA (EEA - retained right of residence) Nigeria [2010] UKAIT 00003 (family member date of marriage)
MK (Algeria) v Secretary of state for the Home department [2010] EWCA Civ 980 (29 April 2010)
M (Chen parents: source of rights) Ivory Coast [2010] UKUT 277 (IAC)
Lassal, New ECJ ruling on Permanent Residence.
VN (EEA rights dependency) Macedonia [2010] UKUT 380 (IAC)
FK ( Kenya) v Secretary of state for the Home department [2010] EWCA Civ 1302 (26 October 2010) (15, 16 - comprehensive sickness insurance cover)
OB (EEA Regulations 2006 - Article 9(2) - Surinder Singh spouse) Morocco [2010] UKUT 420 (IAC)
MAH (dual nationality - permanent residence) Canada [2010] UKUT 445 (IAC) (07 December 2010)
Carvalho v Secretary of State for the Home Department [2010] EWCA Civ 1406 (14 December 2010)
Clauder
PM (EEA - spouse - 'residing with') Turkey [2011] UKUT 89 (IAC) (07 March 2011)
Zambrano case
Zambrano considered
Omotunde (best interests - Zambrano applied - Razgar) Nigeria [2011] UKUT 00247(IAC); UKBA's policy
ECJ judgement in McCarthy v United Kingdom (Case C434/09) (Dual national who has never traveled).
BN (OFM- annulment of residence permit) Ghana [2011] UKUT 163 (IAC) (04 April 2011)
HS (EEA: revocation and retained rights) Syria [2011] UKUT 00165 (IAC)
Amos v Secretary of State for the Home Department [2011] EWCA Civ 552 (12 May 2011) (retained right of residence - Freemovement) Amos direction (3)
Aladeselu and Others (2006 Regs reg 8) Nigeria [2011] UKUT 00253(IAC)
Begum (EEA worker jobseeker) Pakistan [2011] UKUT 00275(IAC)
Directive 2004/38/EC – Family reunification – Right of residence for family members of EEA nationals holding a right of permanent residence – Condition to have sufficient resources
Ihemedu (OFMs - meaning) Nigeria [2011] UKUT 340 (IAC) (17 August 2011) (comments)
Moneke and others (EEA - OFMs) Nigeria [2011] UKUT 341 (IAC) (22 August 2011) (comments)
Alarape & Anor (Article 12, EC Reg 1612/68) Nigeria [2011] UKUT 413 (IAC) (10 October 2011)
Moneke (EEA OFMs - assessment of evidence) Nigeria [2011] UKUT 430 (IAC) (11 November 2011)
SO (imprisonment breaks continuity of residence)Nigeria [2011] UKUT 164 (IAC) (07 April 2011)
Pedro v Secretary of State for Work and Pensions [2009] EWCA Civ 1358 (14 December 2009)
SM (India) v Entry Clearance Officer (Mumbai) [2009] EWCA Civ 142
Idezuna (EEA -permanent residence) Nigeria [2011] UKUT 474 (IAC) (24 January 2012)
Papajorgji (EEA spouse – marriage of convenience) Greece [2012] UKUT 00038(IAC)
Sanade and others (British children - Zambrano – Dereci) [2012] UKUT 00048 (IAC)
AB & Anor v Home Office [2012] EWHC 226 (QB) (16 February 2012) (unmarried partners' rights, damages)
Dauhoo (EEA Regulations - reg 8(2)) Mauritius [2012] UKUT 79 (IAC) (13 March 2012)
Jarusevicius (EEA Reg 21 - effect of imprisonment) Lithuania [2012] UKUT 120 (IAC) (17 April 2012)
Barnett and others (EEA Regulations: rights and documentation) Jamaica [2012] UKUT 142 (IAC) (14 May 2012) (The requirement in regulation 17(1)(a) and (2)(a) for the production of a valid passport relates to the passport of the applicant, not the EEA national.)
De Brito & Anor v Secretary of State for the Home Department [2012] EWCA Civ 709 (30 May 2012) (incapacitated worker)
JO (qualified person – hospital order – effect) Slovakia [2012] UKUT 237 (IAC) (13 July 2012)
Ewulo (effect of family permit – OFM) Nigeria [2012] UKUT 238 (IAC) (13 July 2012)
Onuekwere (imprisonment – residence) Nigeria [2012] UKUT 269 (IAC) (03 August 2012) (Reference made to CJEU)
MG (EU deportation - Article 28(3) - imprisonment) Portugal [2012] UKUT 268 (IAC) (31 August 2012)
Secretary of State for the Home Department v Islam & Anor [2012] EUECJ C-83/11 (05 September 2012)
Secretary of State for the Home Department v FV (Italy) [2012] EWCA Civ 1199 (14 September 2012)
Jessy Saint Prix (Appellant) v Secretary of State for Work and Pensions (Respondent)(Reference made to ECJ)
McCarthy & Ors, R (On the Application of) v Secretary of State for the Home Department [2012] EWHC 3368 (Admin) (28 November 2012) (EU residence cards)
Court of Appeal grapples with Zambrano > Harrison (Jamaica) v Secretary of State for the Home Department [2012] EWCA Civ 1736 (21 December 2012) (scope of the Zambrano principle)
Olaitan Ajoke Alarape, v Secretary of State for the Home Department [2013] EUECJ C-529/11 (15 January 2013)
Bee and another (permanent/derived rights of residence) [2013] UKUT 83 (IAC)
Ahmed (Amos; Zambrano; reg 15A(3)(c) 2006 EEA Regs) [2013] UKUT 00089 (IAC)
Aladeselu & Ors v Secretary of State for the Home Department [2013] EWCA Civ 144 (01 March 2013) (Extended family members, accompanying or joining)
Nouazli, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 567 (Admin) (15 March 2013) (Removal)
Campbell (exclusion; Zambrano) Jamaica [2013] UKUT 147 (IAC) (21 March 2013)
Chen children and employment
Zubair (EEA regs: self-employed persons) Pakistan [2013] UKUT 196 (IAC) (11 April 2013)
Alarape & Anor v Secretary of State for the Home Department [2013] EUECJ C-529/11 (08 May 2013)
Soares v Secretary of State for the Home Department [2013] EWCA Civ 575 (21 May 2013) (interpretation of 8(2)(c))
A B C v Secretary of State for the Home Department [2013] EWHC 1272 (Admin) (22 May 2013)
ZZ v Secretary of State for the Home Department [2013] EUECJ C-300/11 (04 June 2013)
O S
Permanent residence for bereaved spouse > RM (Zimbabwe) v Secretary of State for the Home Department [2013] EWCA Civ 775 (28 June 2013)
Shabani (EEA - jobseekers; nursery education) [2013] UKUT 00315 (IAC) (24 June 2013)
Reyes (EEA Regs: dependency) [2013] UKUT 00314 (IAC) (19 June 2013)
Essa (EEA: rehabilitation/integration) [2013] UKUT 00316 (IAC) (03 June 2013)
Boodhoo (EEA Regs: relevant evidence) [2013] UKUT 00346 (IAC) (18 July 2013) (comprehensive sickness insurance)
MA and SM (Zambrano: EU children outside EU) Iran [2013] UKUT 00380 (IAC) (19 July 2013)
Vasconcelos (risk- rehabilitation) [2013] UKUT 00378 (IAC) (16 July 2013)
Lim (EEA -dependency) Malaysia [2013] UKUT 437 (IAC) (7 August 2013)
Welfare benefits for EEA nationals: Is the refusal of benefit proportionate? > Pensionsversicherungsanstalt v Peter Brey [2013] EUECJ C-140/12 (19 September 2013) (Brey ( Entitlement of Self Sufficient to Public Fund))
Nnamdi Onuekwere v Secretary of State for the Home Department [2013] EUECJ C-378/12 (03 October 2013) (imprisonment)
Babajanov (Continuity of residence - Immigration (EEA) Regulations 2006) Azerbaijan [2013] UKUT 513 (IAC) (3 October 2013)
EU law is unequal for unmarried victims of domestic violence.
Bali (Family member: 3 month visit) [2013] UKUT 570 (IAC) > Bali (Family member: 3 month visit) (Syria) [2013] UKUT 570 (IAC) (28 Octber 2013)
Oboh & Ors v Secretary of State for the Home Department [2013] EWCA Civ 1525 (25 November 2013) (dependency)
Kareem (Proxy marriages - EU law) Nigeria [2014] UKUT 24 (IAC) (16 January 2014)
It’s official: CJEU says prison doesn’t count
CJEU: Dependency is a question of fact

Benjamin V SSHD
Difference between domestic and EU law on deportation > Vassallo (Qualifying residence; pre-UK accession) [2014] UKUT 313 (IAC) (11 Apr 2014)
Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988 (16 July 2014) (Comprehensive Sickness Insurance)
NA v Secretary of State for the Home Department & Anor [2014] EWCA Civ 995 (17 July 2014) ("Must a third country national ex-spouse of a Union citizen be able to show that their former spouse was exercising Treaty rights in the host Member state at the time of their divorce in order to retain a right of residence under Article 13(2) of Directive 2004/38/EC?")
BXS v Secretary of State for the Home Department [2014] EWHC 737 (Admin) (14 February 2014) (deportation)
Case C-202/13 McCarthy uk unilaterally suspending free movement (EU residence cards)
Miah (interviewer’s comments: disclosure: fairness) [2014] UKUT 515 (IAC) (10 November 2014)
Extension of the Workers Registration Scheme in 2009 was unlawful > TG v Secretary of State for Work and Pensions (PC) (European Union law : free movement) [2015] UKUT 50 (AAC) (30 January 2015) (119 - WRS Extension Regulations must be disapplied) > Supreme Court finds UK breached residence rights of hundreds of thousands of EU citizens > Judgment
EU right of residence where a marriage ends plus source of self sufficiency > Kuldip Singh C‑218/14
Jobseekers who do not find a job are not workers finds Upper Tribunal > Yusuf (EEA - ceasing to be a jobseeker; effect) [2015] UKUT 433 (IAC) (15 July 2015)
Reflecting EU law faithfully? R (Bilal Ahmed) v SSHD IJR [2015] UKUT 00436 (IAC) > No in country appeal against EEA sham marriage removals says Upper Tribunal > Ahmed, R (on the application of) v Secretary of State for the Home Department (EEA/s 10 appeal rights: effect (IJR) [2015] UKUT 436 (IAC) (24 July 2015)
EU citizens retain ‘Worker’ status for a year when off work for maternity-related reasons > Adrian's blog and Judgment.
How long do pregnant women retain EU worker status?
AA (Nigeria) v Secretary of State for the Home DepartmentAlso known as: A v Secretary of State for the Home Department Court of Session (Outer House) [2015] ScotCS CSOH_158 (24 November 2015) (COA)
Court of Appeal again rules that burden for proving marriage of convenience rests with Home Office > Rosa v Secretary of State for the Home Department [2016] EWCA Civ 14 (15 January 2016)
Home Office fails in attempt to deport Italian man resident in UK for 60 years > Secretary of State for the Home Department v Vassallo [2016] EWCA Civ 13 (14 January 2016).
Reference made to CJEU on EEA citizens who naturalise as British losing benefits of Treaty rights > Lounes, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 436 (Admin) (08 March 2016) (qualified EEA national and subsequent British citizenship) > ECJ judgment.
No right of appeal against refusal of residence card to EFM
Worker status, unemployment and genuine prospects of finding work in EU law
Benjamin & Anor, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1626 (Admin) (11 July 2016) (EEA family permit under Surrinder Singh)
New 2016 EEA Regulations: Failure to submit a valid national passport invalidates residence card application > Ullah, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWHC 1999 (Admin) (31 July 2017)
Seferi & Anor, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 287 (Admin) (20 February 2018) (Genuine marriage but removal due to marriage of convenience)
Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378 (25 October 2018)(Surinder Singh, lack of EEA residence documents in EEA Country)
Extended family members: no residence card, no rights > Kunwar (EFM - calculating periods of residence) [2019] UKUT 63 (IAC) (28 December 2018) &
Secretary of State for the Home Department v Aibangbee [2019] EWCA Civ 339 (07 March 2019)

Tribunal blows hole in mandatory application process for EU law residence documents >
Rehman (EEA Regulations 2016 - specified evidence : Pakistan) [2019] UKUT 195 (IAC) (08 April 2019) (revalidate Barnett)

Upper Tribunal confirms undocumented extended family members cannot benefit from EU Settled Status scheme. > Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) (19 July 2022)

No reprieve for durable partners prevented from marrying due to COVID-19 > Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) (19 Jul 2022)

Elais (fairness and extended family members) [2022] UKUT 00300 (IAC) (28 September 2022)

Some Guides.

EU Settlement Scheme

Appendix EU - Definitions.
Appendix EU (Family Permit)

Stay in the UK ('settled status'): step by step

Apply to the EU Settlement Scheme (settled and pre-settled status)

EU Settlement Scheme caseworker guidance

How to apply for “settled status” for EU citizens