Brexit and the potential implications on couples and families – Family Law

Posted November 1st, 2017 in EC law, families, freedom of movement, news by sally

‘Since joining the EU, the free movement of people throughout Europe has led to an increase in international families in the UK, with more marriages involving people of different nationalities and from different cultures than ever before. The large number of international families in the UK could mean social, economic and legal complexities post-Brexit, with studies already showing that Brexit is causing friction within families.’

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Family Law, 1st November 2017

Source: www.familylaw.co.uk

No 10 says free movement ends when UK leaves EU – BBC News

Posted August 1st, 2017 in EC law, freedom of movement, news by sally

‘Suggestions that freedom of movement will continue after the UK leaves the EU are wrong, Downing Street has said.’

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BBC News, 31st July 2017

Source: www.bbc.co.uk

Self-employed workers do not have the same rights as employees under EU law, confirms the Court of Appeal – Free Movement

‘In the case of Hrabkova v Secretary of State for Work and Pension [2017] EWCA Civ 794, the Court of Appeal confirmed once again that self-employed individuals do not have the same rights as workers under EU law. The specific question in this case was whether a person with a child at school who had been self employed and ceased work might be entitled to claim Employment Support Allowance.’

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Free Movement, 2nd July 2017

Source: www.freemovement.org.uk

How do citizens’ rights affect Brexit negotiations? – The Guardian

‘Protections for 1.2m Britons on continent and 3.5m Europeans in UK should be easy to settle in theory, but there are obstacles.’

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The Guardian, 23rd June 2017

Source: www.theguardian.com

Being British is one thing – proving it is another – Legal Voice

Posted April 20th, 2017 in birth, children, citizenship, EC law, freedom of movement, immigration, news by sally

‘In the wake of post-Brexit fears for the future of EU citizens in the UK, lawyers should be aware that many of these children are already British, or can become citizens by right, write Solange Valdez-Symonds and Steve Valdez-Symonds.’

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Legal Voice, 19th April 2017

Source: www.legalvoice.org.uk

Brexit: Theresa May suggests free movement extension – BBC News

Posted April 5th, 2017 in EC law, freedom of movement, immigration, news by sally

‘Free movement of people from the EU to the UK could be extended after Brexit, Theresa May has suggested.’

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BBC News, 5th April 2017

Source: www.bbc.co.uk

Impact of Brexit on legal services “a cause for concern”, justice committee says – Legal Futures

‘The justice select committee has described the impact of Brexit on legal services as “a cause for concern, but not hyberbole”, in a report published today.’

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Legal Futures, 22nd March 2017

Source: www.legalfutures.co.uk

Ministers urged to protect rights of EU citizens in UK – BBC News

Posted March 6th, 2017 in EC law, freedom of movement, human rights, news, parliament, treaties by sally

‘The UK should make a unilateral decision to safeguard the rights of EU nationals living in the UK, according to a cross-party group of MPs.’

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BBC News, 5th March 2017

Source: www.bbc.co.uk

What is the no recourse to public funds condition? – Free Movement

Posted February 21st, 2017 in benefits, crime, freedom of movement, immigration, news, social security by sally

‘The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds. A person who claims public funds despite such a condition is committing a criminal offence and there may well be future immigration consequences as well, as any existing leave can be curtailed or a future application refused.’

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Free Movement, 21st February 2017

Source: www.freemovement.org.uk

Brexit free movement restrictions would ruin Britain’s £26bn legal services industry, country’s top lawyers warn – The Independent

Posted February 2nd, 2017 in EC law, freedom of movement, legal services, news, select committees, treaties by tracey

‘Britain’s £26bn legal industry is under threat from post-Brexit restrictions to freedom of movement and exit from the single market, the country’s top lawyers have warned. MPs on the Justice Select Committee, who are gathering evidence on the impact of leaving the EU, were told that there would be little left to “salvage” of the successful industry if lawyers were stripped of free movement and lost the right to practise in the EU because of differing regulations.’

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The Independent, 1st February 2017

Source: www.independent.co.uk

Do we all have a right to cross borders? – The Independent

Posted December 20th, 2016 in freedom of movement, human rights, immigration, news by sally

‘In early December, Foreign Secretary Boris Johnson was forced to deny reports that he’d told a group of ambassadors he was personally in favour of the free movement of people across the European Union.’

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The Independent, 19th December 2016

Source: www.independent.co.uk

Brave new world – Counsel

Posted December 9th, 2016 in EC law, financial regulation, freedom of movement, markets, news, passports by sally

‘How will losing passporting rights affect the UK’s financial services sector? Saima Hanif argues that the equivalence regime is not a satisfactory alternative.’

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Counsel, December 2016

Source: www.counselmagazine.co.uk

European Parliament considers plan to let individual Brits opt-in to keep their EU citizenship – The Independent

Posted November 9th, 2016 in amendments, citizenship, EC law, freedom of movement, news by sally

‘The European Parliament is to consider a plan that would allow British citizens to opt-in and keep their European Union citizenship – and its associated benefits – once the UK leaves the EU.’

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The Independent, 8th November 2016

Source: www.independent.co.uk

The Elements of a Post-Brexit Settlement – Henderson Chambers

Posted August 24th, 2016 in EC law, freedom of movement, immigration, news, referendums by sally

‘It is time to start thinking about the possible elements of a postwithdrawal settlement calculated to ensure a continuing close relationship between the UK and the EU. A solution that caters for the UK’s economic needs ought to be attainable, if it is also designed to play to the country’s particular strengths, which make it a more important partner for the EU than any other European State.’

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Henderson Chambers, 10th August 2016

Source: www.hendersonchambers.co.uk

Father of British woman ‘caged’ in Saudi Arabia must help her return to UK, judge rules – Daily Telegraph

‘A father accused of “caging” his 21-year-old British daughter in Saudi Arabia after he caught her kissing a man must help her return to Swansea, a High Court judge has ruled.’

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Daily Telegraph, 3rd August 2016

Source: www.telegraph.co.uk

Brexit: What should EEA and EU nationals and their family members do now? – Free Movement

‘On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered the Jews of England into exile.’

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Free Movement, 12th July 2016

Source: www.freemovement.org.uk

Court of Appeal says when it is “reasonable” to remove a child resident for 7 years or more – Free Movement

Posted July 11th, 2016 in children, freedom of movement, immigration, news by sally

‘The issue of when a child should be expected to relocate to another country because of UK immigration laws is an emotive one. In 2012 a new Immigration Rule was introduced stating that a foreign child would be permitted to remain if the child had lived in the UK for at least 7 years AND it was not reasonable to expect the child to relocate. This was paragraph 276ADE(vi) of the Immigration Rules. It was implied that the parents would also be permitted to stay to look after the child.’

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Free Movement, 7th July 2016

Source: www.freemovement.org.uk

Britain will still be bound by international courts under any serious trade deal, MPs warned – The Independent

‘Britain would still be bound by the judgments of international courts under any serious international free trade agreement with other countries, a leading legal academic has warned MPs.’

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The Independent, 5th July 2016

Source: www.independent.co.uk

Criminal proceedings against Kossowski (Case C-486/14) – WLR Daily

Criminal proceedings against Kossowski (Case C-486/14)

‘The accused fled from Germany to Poland after being accused of committing a criminal offence in Germany, and a criminal investigation was initiated against him in that state. The Polish authorities subsequently arrested the accused with a view to the enforcement of a term of imprisonment to which he had been sentenced in Poland in a different case. Subsequently, the Polish authorities opened an investigation procedure against the accused, accusing him of an offence based on his actions in Germany but decided eventually to terminate the criminal proceedings for lack of sufficient evidence. The Higher Regional Court, Hamburg, hearing an appeal brought by the Hamburg Public Prosecutor’s Office against that decision, took the view that under the German law, the evidence against the accused was sufficient to justify the opening of trial proceedings before the Regional Court, Hamburg, and the acceptance of the indictment for the purposes of those proceedings, unless that was barred by the principle of ne bis in idem (protection from multiple prosecutions in different member states) laid down in article 54 of the Convention Implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (1995) (OJ 2000 L239, p 19) (the “CISA”) and article 50 of the Charter of Fundamental Rights of the European Union. Accordingly, the Hamburg court referred to the Court of Justice of the European Union for a preliminary ruling a number of questions on the interpretation of those provisions.’

WLR Daily, 30th June 2016

Source: www.iclr.co.uk

What is the legal meaning of “refugee”? – Free Movement

Posted June 23rd, 2016 in asylum, freedom of movement, immigration, news, refugees, treaties by sally

‘This week is Refugee Week. The Free Movement blog is about communicating complex legal issues in immigration and asylum law in a clear way and I thought it would be a good time to put together a short blog post explaining what a refugee actually is in legal terms and to collect together some of our previous blog posts about asylum issues. I hope you find it useful and interesting!’

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Free Movement, 22nd June 2016

Source: www.freemovement.org.uk