Rights of residence of EEA nationals and their family members

ARCHIVED: this Overview is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For further details, including of the relevant savings and the position of CJEU case law, see Practice Note: What does IP completion day mean for Immigration?. The Practice Note has been retained in archived form for historical interest, because EU law as previously implemented in the UK remains relevant in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives (EU Law)—overview.

European free movement law—sources of law and general principles

Free movement of persons is one of the four freedoms that underpin the single market doctrine of the EU. The other three freedoms are of goods, services and capital, and all four

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Latest Immigration News

IMA investigates EU citizens' rights challenges in Northern Ireland

The Independent Monitoring Authority (IMA) has conducted a fact-finding mission to Belfast, and found a number of challenges faced by EU, EEA, and EFTA citizens in Northern Ireland (NI). The investigation revealed a disproportionately high rate of EU Settlement Scheme (EUSS) refusals in NI, at 21% compared to 9-14% elsewhere in the UK. Key issues identified include difficulties in providing evidence of residency, lack support for EUSS applications, and limited access to immigration legal advice. The IMA also highlighted concerns regarding impromptu checks around the border between Northern Ireland and Ireland leading to some detentions of persons prior to removal where they ‘struggle to prove their rights yet have no access to advice’, and healthcare access problems stemming from misunderstandings about EUSS status. The visit also found a lack of awareness about the requirements for continuous residence, including that some EU citizens had been unknowingly crossing the border into Ireland for prolonged periods, unaware that this could have implications for their ongoing eligibility under the EUSS.

Report reveals inadequacy of remote legal aid directory in addressing immigration advice shortage in South-West England

The Public Law Project has conducted research into the effectiveness of the Legal Aid Agency's immigration providers south-west support directory, implemented to address the acute shortage of legal aid providers in south-west England. The study, covering a six-month period, reveals a consistent trend of limited provider capacity, particularly for asylum appeals. On average, only 11% of listed providers had capacity including for asylum appeals, while 20% had capacity but not for asylum cases. The research highlights the ongoing challenges in addressing the legal aid crisis in the region, despite recent developments such as the Ministry of Justice's Review of Civil Legal Aid and the government's announcement of a consultation on increasing legal aid fees for immigration and housing sectors.

Home Affairs committee launches inquiry into asylum accommodation system

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MoD announces reforms to Afghan resettlement programme

In a statement made by the Rt Hon John Healey MP, Secretary of State for Defence on behalf of the Ministry of Defence (MoD), the government has announced various changes to its Afghan resettlement schemes. Key reforms include streamlining the resettlement process across departments (with the aim of bringing together a single pipeline for Afghan resettlement), capping transitional accommodation stays at nine months from spring, and continuing funding for settled housing for approximately half of the arrivals. The government plans to welcome around 90 eligible families monthly and expects a 25% overturn rate on previously ineligible Triples applications. A co-design process with local authorities is planned to further develop the programme. Notably, the government has signalled its intention to eventually close the UK Afghan resettlement schemes, though no specific timeline was provided. These changes are stated to aim to improve efficiency, integration outcomes, and value for money in the resettlement process.