Our previous article covering these issues raised many questions from readers which alluded to the complexities of nationality law in some of these countries. Some countries have complex rules which allow dual citizenship where a person takes on a second nationality by birth, but not where this is by naturalisation. This article sets out clearly the position of these EU countries in relation to dual citizenship with the UK, differentiating between those who allow dual citizenship under all, certain, or no circumstances.Read More
Last week, the Home Office presented a new Statement of Changes in Immigration Rules (HC309) to Parliament. The changes, accompanied by a detailed explanatory note, will mostly come into force on 11 January 2018, except where otherwise indicated. This article will examine the most notable of these changes, and their effects on certain routes to entry clearance and settlement.Read More
This briefing paper addresses the possibility that some categories of person with EU free movement rights, and who have been resident in the United Kingdom, will be left without a right to reside in the United Kingdom after Brexit. Assuming that there is a withdrawal agreement which includes provision for “citizens’ rights”, it is likely that that will guarantee a right to remain to the large majority of such persons. This paper will however identify a number of gaps, concerning both EU citizens and third country nationals. It will indicate solutions that could be pursued, within the withdrawal agreement and at the United Kingdom level.Read More
McGill & Co were in the Supreme Court this week acting for the Respondent to the Government's appeal in the case of The Advocate General for Scotland v Romein.
This is a case that has been ongoing since 2013 and concerns the interpretation of section 4C of the British Nationality Act 1981.
Lady Carmichael's judgment in the case of DN against Secretary of State for the Home Department  CSOH 144 issued this week included a finding that the Home Office's policy on the application of paragraph 301 of the Immigration Rules to children of DL holders was discriminatory and unlawful.Read More
Our Iain Halliday writing on Free Movement examining the Home Office's power to ignore the decision of an Immigration Judge to grant bail:
Can the family members of a British citizen rely on EU free movement law?
The United Kingdom is a Member State of the European Union. You could therefore be forgiven for thinking that the family members of British nationals would be covered by EU free movement law. However, generally, this is not the case.
Regulation 2 of the UK’s Immigration (European Economic Area) Regulations 2016 (which implements EU free movement law in the UK) defines an EEA national as “...a national of an EEA State who is not also a British citizen”. At first glance, it would therefore appear that the answer to the question is no. However it turns out it is much more complicated than that.Read More