The UK High Court yesterday gave a shocking ruling on the invocation of Article 50 Treaty on European Union and the Treaty on the Functioning of the European Union (TFEU). For those of you that were part of UK’s referendum a couple of months ago, it is clear that the decision to leave the EU is turning out to be quite a fiasco. Continue Reading →
Serious and irreversible harm
This Article follow my previous Article on the New Immigration Act 2016 removal of ‘in country right of appeal’ for most cases, save for a few exceptions where there would be ‘Serious and Irreversible harm’. The phrase ‘serious and irreversible harm’ comes from the test used by the European Court of Human Rights (ECtHR) to determine whether to issue a Rule 39 injunction. Nunez v Norway (App no. 55597/09)[2011] ECHR 1047. Continue Reading →
For those who may have missed it (I would not blame you as this kicked in just a few weeks before the EU referendum in the UK), the government has passed yet another legislative Act of Parliament on Immigration in a bid to reduce immigration and especially come down hard on those in the UK without legal status. The Immigration Minister’s statement when the Immigration 2016 bill was introduced last year sets the tone of what the government hopes to achieve with the new immigration legislation. Immigration Minister James Brokenshire said:
“The message is clear — if you are here illegally, you shouldn’t be entitled to receive the everyday benefits and services available to hard-working UK families and people who have come to this country legitimately to contribute.
Whether it is working, renting a flat, having a bank account or driving a car, the new Immigration Bill will help us to take tougher action than ever before on those who flout the law.
This Bill will build on the government’s work since 2010 to crack down on abuse and build an immigration system that truly benefits Britain – by deterring illegal migrants from coming and making it harder for those already here to live and work in the UK.”
Further to my previous Article about Brexit and the Possible Effect on UK immigration and European Migrants, I have complied a list of questions that I have been frequently asked and hope to answer them here for the sake of those who might be wondering the same
i.Are we part of the EU?
The UK is still part of the EU, and no formal legal process of leaving the EU will start until the UK decides to invoke Article 50 of the Lisbon Treaty, which can only be done by either David Cameron or his successor. This means that the UK is still bound by EU Treaties and Laws, and will continue to be so up to two years from the formal notice to the EU. Continue Reading →
I know a lot of people are worried about the EU referendum result and I am overwhelmed with calls from people asking what happens now that we have left the EU – please stay calm!
We are still in the EU and all the laws remain the same for now; the earliest that we will be out of the EU is two years from the time that the government gives formal notice to the EU of our intention to divorce.
I will be writing an article shortly on the options available for EU nationals, but please note that most of the legal implications remain unknown and subject to the UK negotiations with the EU. It is highly unlikely that EU nationals or their families will be ‘kicked-out’ as a result of the referendum result. Continue Reading →