Right of Residence in UK Law

Leading Cases
  • Sala (Efms: Right of Appeal)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 19 Ago 2016

    That distinction is, in our judgment, reflected in the provisions dealing with the issue of residence cards under the EEA Regulations 2006. As the case law makes clear, the only right or entitlement that an EFM has in the decision-making process is that the discretion whether to issue a residence card is exercised lawfully and in accordance with the Citizens Directive ( Rahman at [21]–[25]).

  • Gm and Am (Eu National; Establishing Self-Sufficiency)
    • Asylum and Immigration Tribunal
    • 10 Jul 2006

    Thus, the family member's presence in the UK (and right to work) is relied upon not in order to avoid a ‘clog’ or ‘chill’ on the exercise of the right of the EU national child but rather in order to create that very right itself – the right from which the family member then seeks to derive his own right to reside as her carer/parent.

  • Damion Harrison (Jamaica) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 21 Dic 2012

    If the EU citizen, be it child or wife, would not in practice be compelled to leave the country if the non-EU family member were to be refused the right of residence, there is in my view nothing in these authorities to suggest that EU law is engaged.

    Accordingly, there is no impediment to exercising the right to reside if residence remains possible as a matter of substance, albeit that the quality of life is diminished. Of course, to the extent that the quality or standard of life will be seriously impaired by excluding the non EU national, that is likely in practice to infringe the right of residence itself because it will effectively compel the EU citizen to give up residence and travel with the non-EU national.

  • Selim Macastena v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 05 Jul 2018

    An extended family member can only be issued with a residence card on the basis of his durable relationship with an EEA national if the Secretary of State has undertaken That has never happened and can only happen after an application for a residence card is made. Merely notifying the Secretary of State that one is in a durable relationship is nowhere near enough either to constitute such extensive examination or to require such examination to be undertaken.

  • HR (Portugal) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 05 May 2009

    Recital 23 is implemented in Articles 16 and 28.2; recital 24 is implemented in Article 28.3. It relates to “persons who, having availed themselves of the rights and freedoms conferred on them by the Treaty, have become genuinely integrated into the host Member State”.

  • AP and FP (Citizens Directive Article 3(2))
    • Asylum and Immigration Tribunal
    • 24 Abr 2007

    We are aware that it has been suggested that the scope of the national legislation to which reference is made in Article 3(2) is itself limited to matters of procedure: in other words, that Article 3(2) is to be read as giving some sort of substantive right to the wider family members to whom it refers, and that the procedural aspects of those rights (only) are subject to national legislation.

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Legislation
  • The Immigration (European Economic Area) Regulations 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ...... 2. General interpretation . 3. Continuity of residence . 4. "Worker", "self-employed person", "self-sufficient person" and ... 10. "Family member who has retained the right of residence" . PART 2 . EEA RIGHTS . 11. Right of admission to the ......
  • Immigration (European Economic Area) Regulations 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ...... European Communities Act 1972 2 in relation to measures relating to rights of entry into, and residence in, the United Kingdom, in exercise of the ......
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
    • UK Non-devolved
    • 1 de Enero de 2012
    ...... . (4) Subsections (2) and (3)-. . . (a) do not affect the rights and liabilities of the authorised person or the Lord Chancellor under any ... (power to impose electronic monitoring requirement), after "a residence requirement," insert "a foreign travel prohibition requirement,". . (3) ......
  • Children and Families Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... educational needs or disabilities; to make provision about the right to request flexible working; and for connected purposes. . [13th March ... . (2) Omit the definitions of "contact order" and "residence order". . (3) After "In this Act-" insert-. . . ""child arrangements ......
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Books & Journal Articles
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Law Firm Commentaries
  • Zambrano And European Citizenship: A Trump Card For British Children?
    • Mondaq United Kingdom
    ...... regulation of their nationals, who have never exercised their right to free movement, from the domain of European Law.  Classic economic ..., Chen moved with Zhu to England, and Chen was granted a right of residence on the basis that it would otherwise be impossible for Zhu, a toddler, to ......
  • UK Border Agency Proposes Same Day Service for European Applications at a Price
    • Mondaq United Kingdom
    ...... The service would apply to those applying for permanent residence, a residence card or a family member residence stamp to confirm their ... are required by European Law to provide all documents to confirm a right of residence under European Law free of charge and further, they must ......
  • Brexit: Notice To UK Nationals To Apply For Residence Document
    • Mondaq UK
    ......reside in Malta. All UK nationals, and their family members who were exercising. their right to reside in Malta under Union law, now need a. Residence Document, issued by Identity Malta, which, during the. transition period before the UK ......
  • Immigration And Global Mobility Update / April 2021
    • Mondaq UK
    ......expense, until a safe transfer to their place of residence is. carried out, if applicable. . Those who test negative upon arrival, ...type for a new right of residence by 30 September 2021. . As a result of the UK's withdrawal ......
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