Author Archive

The European Court of Justice has ruled that whilst children adopted under the Kafala system cannot be treated as direct family members, they are to be treated as 'other' family members and that the competent national authorities are to facilitate the entry and residence of such a child. SM v. Entry Clearance Officer (C-129/18) concerns a young girl who was 'adopted' under the Algerian Kafala system by her French 'adoptive' parents in 2010. SM was abandoned at birth and welcomed into the loving home of…

Question referred Reference for a preliminary ruling from the Supreme Court of the United Kingdom (United Kingdom) made on 19 February 2018 — SM v Entry Clearance Officer, UK Visa Section (Case C-129/18) (2018/C 134/23) Language of the case: English Referring court Supreme Court of the United Kingdom Parties to the main proceedings Applicant: SM Defendant: Entry Clearance Officer, UK Visa Section Interveners: Coram Children’s Legal Centre (CCLC) and Centre for Advice on Individual Rights in Europe (AIRE) Questions referred…

On 12 June 2018, The Upper Tribunal set aside the First Tier Tribunal's decision and dismissed Ms Kovacevic's appeal. The Court found that A Union citizen who resides in a Member State of which he or she is a national is not a beneficiary under Article 3(1) of the Citizen’s Directive. A dual Croatian/British citizen who was residing in the United Kingdom when Croatia joined the EU and who has never exercised EU Treaty rights does not acquire a right…

06
Feb
Unlawful Detention
  • admin
  • 0 Views
  • 0 Comment
  • compensation for unlawful detention . detention of EEA family . unlawful detention .

Are you married to an EEA National and have been detained in the last 6 years since you married? That detention was very likely to have been unlawful regardless of whether or not you had been issued with a residence card as an EEA family member. We often assist clients in civil proceedings against the Secretary of State for compensation for being detained unlawfully. If this applies to you, please get in touch for a no obligation consultation.

06
Feb
No Visa In UK But Want To Get Married?
  • admin
  • 0 Views
  • 0 Comment
  • No tags

Are you subject to immigration control but wish to marry your partner who is an EEA National or otherwise legally residing in the UK? You are permitted to do so by law but there are are few things to consider before giving notice to marry. Art 12 of the European Convention on Human Rights protects the right to marry and this applies to all persons residing in UK whether legally or illegally so long as the parties are of marriageable…

30
Jan

The uncertainty surrounding BREXIT has left EEA Nationals and their family members feeling apprehensive. If you are worried about your rights in the UK and would like advice, please contact us for an initial consultation

22
Jan
Effect of BREXIT on Zambrano Carers
  • admin
  • 0 Views
  • 2 Comments
  • Brexit and zambrano carers .

As it stands, we are continuing to submit applications under the Zambrano route but of course, no one really knows how Brexit will impact Zambrano carers. It is of course natural to be concerned about your rights post Brexit since the draft EU position for negotiating acquired rights does not appear to cover DRR (Zambrano) carers. However, from the UK's perspective, the case law concerns non-EU parents of UK citizens who have not moved within the EU meaning no free movement rights have been acquired. This…

The Judgment of the European Court of Justice (Grand Chamber) in the case of Ruiz Zambrano on 8 March 2011 Case C-34/09 confirmed that Article 20 TFEU is to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit…

22
Jan
Wills and Probate
  • admin
  • 0 Views
  • 0 Comment
  • No tags

Dealing with the death of a loved one is probably one of the most difficult things a family must endure. So as in order to make this process as stress free as possible, we provide a wide range of services to help you during this difficult time. Unfortunately, death is a part of life and to make things a little bit easier for the loved ones left behind, you should ensure you have a will and that it is up…

21
Jan
SM Algeria European Court update
  • admin
  • 0 Views
  • 2 Comments
  • No tags

The hearing in the European Court of Justice finally took place on Tuesday 4 December 2018. Lisa and Jenny from our office took the trip to Luxembourg with Counsel Ramby De Mello and Tony Muman and the Appellant's father. The Attorney General's opinion shall be delivered in late February 2019.