Here is a summary of some useful case law and other official documentation which could prove useful to those
interested in exercising free movement rights. Reliance
on case law should not be blind as it is not necessarily all that is needed to
establish rights. It may not be
appropriate for your situation and showing off how much more you know than the
caseworker by OD’ing on case law references is likely to piss them off. Pride is a strange thing!
Furthermore, Home
Office is notoriously slow in updating UK regulations to reflect recent court
decisions it is not happy with. Sadly, it is also
not unknown for the Home Office to adopt the most restrictive interpretation possible, leaving it to another case years down the line, to shed clarity or
hold the department accountable.
There are sometimes inconsistencies
between judgments where the more recent judgment could ‘trump’ an earlier one,
or provide clarification.
The key message is based on my understanding. Links are provided so readers can form their
own opinions and as always, when in any doubt, you are strongly advised to seek
specialist immigration advice.
Please send any suggestions and corrections (much welcomed) to BritCits@gmail.com
