Ed Mynott

This Practice Note looks at the pros and cons of making an application for a derivative residence card on the basis of the Zambrano principle as well as the procedure for making an application. It also covers relevant appeal rights and the overlap with grounds relying on Article 8 ECHR and the best interests of a child.

This Practice Note considers how the scope of the right to reside in the EU which results from EU citizenship, first recognised by the Court of Justice in Ruiz Zambrano, has been narrowed in subsequent judgments and its application confined to specific circumstances.

This Practice Note considers the power of discretion that enables Home Office caseworkers to consider applications and human rights claims outside the Immigration Rules and the relevant policy guidance which covers Leave Outside the Rules (LOTR) and Discretionary Leave (DL).

This Practice Note covers factors which need to be considered when advising clients who may not meet all of the requirements of any category of the Immigration Rules—including the family and private life categories contained within the Rules. It considers the advantages and disadvantages of the main methods of application for leave outside the Rules (LOTR) and whether any remedy is available in the event of a decision to refuse leave or to remove from the UK. It also covers duration and conditions of leave granted to successful applicants.

This Practice Note discusses issues of professional ethics and the regulatory frameworks applicable to persons who are regulated by the Solicitors Regulation Authority of England and Wales or the Office of the Immigration Services Commissioner, when advising or acting for non-British or Irish nationals living in the UK without leave to enter or remain. It also looks at the relevant criminal offences, including the offence of assisting unlawful immigration to the UK.

This Practice Note considers the principle of EU citizenship rights, which was recognised by the EU Court of Justice in the case of Ruiz Zambrano. It also looks at how EU citizenship rights have been implemented by amendments to the Immigration (European Economic Area) Regulations 2016 and relevant Home Office practice, including the contentious issue of shared responsibility.