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Situation improving for European unmarried partners

Situation improving for European unmarried partners

IMMIGRATION BLOG

Situation improving for European unmarried partners

22 November 2016

We very recently reported on a nice decision from the Court of Justice of the European Union (“EEA/British dual citizenship – European rights”, 18 November) which could benefit Europeans who hold dual European/British dual nationality. The rule that the Home Office had created about this was, in the professional opinion of many lawyers, “a bit dodgy”. The court confirmed that it was indeed a bit dodgy.

Another thing that seemed a bit dodgy was the Upper Immigration Tribunal’s decision a while ago in a case called “Sala”. The Upper Tribunal had decided that Extended Family Members (which comprises both extended family members and unmarried partners) of EEA nationals had no right of appeal to the First-Tier Immigration Tribunal if their Residence Card application was refused by the Home Office. Because of this decision there were in fact several loud howls of anguish.

But again the courts have come to the rescue. The Court of Appeal, in a case called “Khan”, have decided that the Upper Tribunal was wrong and that they should have the right of appeal.

Whilst Brexit is looming ever closer on the horizon at least some things are going right for European migrants and their families.

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