"I have never welcomed the weakening of family ties by politics or pressure" - Nelson Mandela.
"He who travels for love finds a thousand miles no longer than one" - Japanese proverb.
"Everyone has the right to respect for his private and family life, his home and his correspondence." - Article 8 of the European Convention on Human Rights.
"When people's love is divided by law, it is the law that needs to change". -
David Cameron.

Saturday 25 October 2014

Free movement - references to some key court rulings

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

1 comment:

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