Author Archive

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…

13
Feb
Sponsor Of UK Spouse visa Employed by Family?
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Applying to join your spouse in the UK can be an overwhelming and daunting experience especially since lately, it seems that Entry Clearance Officers are trained to find a reason to refuse. If you are engaged or married to a person present and settled in the UK (British or hold indefinite leave to remain/permanent residence), you are entitled to apply to join them in the UK so long as you are able to meet the requirements of Appendix FM. When…

06
Feb
Unlawful Detention
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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?
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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
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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
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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
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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.

07
Mar
SM (Algeria) v Entry Clearance Officer
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SM (Algeria) v Entry Clearance Officer, UK Visas Section Lisa Tang acting as solicitor for the Respondent, SM. Ramby de Mello and Jessica Smeaton from No5 Chambers, and Tony Muman and Katie Wilkinson from 43 Temple Row Chambers as Counsel. The Respondent in this matter was ‘Susana’, a seven year old girl who was abandoned at birth outside a hospital in Algeria and soon after, placed into the long-term care of Mr and Mrs M, a French couple who had…