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Non-EEA and Swiss nationals working in the EU (Van der Elst and Swiss posted workers)

The ECJ case of Van der Elst established that, provided certain criteria are met, non-EEA nationals working for an EU employer in the EU should be allowed to provide services in another Member State without the need to obtain a work permit. This means that an established non-EEA employee of an EU company in the EU can come to the UK to provide a service on behalf of the company without a work permit. Entry clearance is mandatory for both visa and non-visa nationals. Entry clearance is issued gratis. The requirements to be met by the employee are that they: are lawfully resident in the EU Member State in which the employer is established; are lawfully and habitually employed by an employer who is temporarily providing a service in the UK; do not intend to take any other employment; intend to leave the UK at the end of the period during which his employer is providing the service. 2. EUN4.2 What is the visa endorsement for non-EEA nationals working for EU employers? D: FOR EMPLOYMENT WITH [add NAME OF COMPANY], Code 4 Visas should be issued for the length of the contract with the EU employer. Applications from family members should...

No deal arrangements for EU citizens & family members

As the UK Government is going through negotiations, it is important that EEA nationals and their family members understand their legal rights.  EEA nationals will have right to enter the UK but these will be limited. The following is a short summary of what has been proposed by the UK Government. For stays longer than 3 months, European Temporary Leave to Remain will be required. If the UK leaves the EU without agreeing a deal, the government will seek to end free movement as soon as possible and has introduced an Immigration Bill to achieve this. For a transitional period only, EEA citizens and their family members, including Swiss citizens, will still be able to come to the UK for visits, work or study and they will be able to enter the UK as they do now. However, to stay longer than 3 months they will need to apply for permission and receive European Temporary Leave to Remain, which is valid for a further 3 years. EU citizens wishing to stay for longer than 3 years will need to make a further application under the new skills-based future immigration system, which will begin from 2021.   The information set out today also confirms...

European Court of Justice rules directive on freedom of movement includes same-sex spouses

European Court of Justice rules directive on freedom of movement includes same-sex spouses Press and Information Court of Justice of the European Union PRESS RELEASE No 80/18 Luxembourg, 5 June 2018 Judgment in Case C-673/16 Relu Adrian Coman and Others v Inspectoratul General pentru Imigrӑri and Others The term 'spouse' within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex Although the Member States have the freedom whether or not to authorise marriage between persons of the same sex, they may not obstruct the freedom of residence of an EU citizen by refusing to grant his same-sex spouse, a national of a country that is not an EU Member State, a derived right of residence in their territory Mr Relu Adrian Coman, a Romanian national and Mr Robert Clabourn Hamilton, an American national, lived together in the United States for four years before getting married in Brussels in 2010. In December 2012, Mr Coman and his husband contacted the Romanian authorities to request information on the procedure and conditions under which Mr Hamilton, in his capacity as a member of Mr Coman's family, could...

Banger (Unmarried Partner of British National) [2017] UKUT 00125 (IAC)

Upper Tribunal (Immigration and Asylum Chamber) Banger (Unmarried Partner of British National) [2017] UKUT 00125 (IAC) THE IMMIGRATION ACTS Heard at Field House On 13 April 2016 Further submissions completed 22 May 2016 Decision promulgated on: 30th March 2017 Before THE PRESIDENT, THE HON. MR JUSTICE MCCLOSKEY DEPUTY UPPER TRIBUNAL JUDGE RIMINGTON Between THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Appellant and ROZANNE BANGER (ANONYMITY DIRECTION NOT MADE) Respondent Representation For the Respondent: Mr A Metzer QC and Ms S Saifolahi (of counsel), instructed by Breytenbachs Immigration Consultants For the Appellant: Mr P Deller, Senior Home Office Presenting Officer The Upper Tribunal has referred the following questions to the CJEU for a preliminary ruling under Article 267 TFEU: (1) Do the principles contained in the decision in Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department (Case C-370/90) [1992] operate so as to require a Member State to issue or, alternatively, facilitate the provision of a residence authorisation to the non-Union unmarried partner of a EU citizen who, having exercised his Treaty right of freedom of movement to work in a second Member State, returns with such partner to the Member State of his nationality? (2)...

Time spent in the UK with a right to reside under EEA regulations

Time spent in the UK with a right to reside under EEA regulations Time spent in the UK does not count as lawful residence under paragraph 276A of the Immigration Rules for third country nationals who have spent time in the UK as: the spouse, civil partner or other family member of a European Union (EU) national; an EEA national exercising their treaty rights to live in the UK but have not qualified for permanent residence; former family members who have retained a right of residence. During the time spent in the UK under the provisions of the EEA regulations, the individuals are not subject to immigration control, and would not be required to have leave to enter or leave to remain. However, you must apply discretion and count time spent in the UK as lawful residence for an EU or EEA national or their family members exercising their treaty rights to reside in the UK. Sufficient evidence must be provided to demonstrate that the applicant has been exercising treaty rights throughout any period that they are seeking to rely on for the purposes of meeting the long residence rules. This does not affect the rights of family members of...