Immigration Law & Conveyancing

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EEA law – jobseeker who does not find work ceases to be treated as a ‘worker’

  Case of Yusuf (EEA – ceasing to be a jobseeker, effect) (2015) UKUT 433 (IAC) Headnote – An individual who has acquired the status of worker for the purposes of article 45 (ex Article 3 TFEU) ( and thus 4(1) (a) of the EEA Regulations 2006) only through being a jobseeker, who is a qualified person under regulation 6(1) EEA Regs 2006 does not retain the status of worker on ceasing to be a […]

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EEA law- Retained rights of residence for non EEA family member in event of divorce, and source of self-sufficiency

Case of Kuldip Singh ¬†Case C-218/14 Headnote (i) Right of residence of family members of a Union citizen – marriage between a Union citizen and a third country national – retention of the right of residence of a third country national after the departure of the Union citizen from the host Member state, followed by divorce (b) sufficient resources – taking into account the resources of the spouse who is a third country national This […]

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Article 8 and statutory Human Rights considerations

Case of Bossade (ss117A-D- interrelationship with Rules) (2015) UKUT 415 (IAC) Summary This case confirms that since Part 5A of the Nationality Immigration and Asylum Act 2002 came into force (ss117A-D) it has not altered the need for a two stage approach to Article 8 family and private life claims. This means that the court will at the first stage look at Article 8 by reference to the Immigration Rules without looking at part 5A. […]

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