Practitioners who have been advising clients on the rights of EU nationals and their family members in recent months will have noted the immensely difficult hurdles placed on those who have not formerly resided in another Member State. The UK Government has justified this position hoping that the ECJ would rule favourably to them in the case of Jia (Case C-1/05). The ECJ handed down its long awaited judgment in Jia on 9 January 2007.
Essentially the ECJ rejects the suggestion supported by the UK Government that family members only benefit from Community law if they have previously resided lawfully in another Member State. The family member can apply for a residence card if he or she is lawfully present in the host Member State having come directly from his or her country of origin. This is a good victory!
But the problems do not end there. The ECJ's judgment in Jia could be described as enigmatic and it certainly throws up more questions than it answers:
- Can the UK apply the domestic immigration rules to family members applying from outside the UK (as is currently provided for in the Immigration (EEA) Regulations 2006)?
- If a family member is already here in the UK, in what circumstances can they apply for an EU residence card?
- What if the family member is unlawfully in the UK?
- Does it matter whether they are a close family member or a more extended family member?
In an evening seminar Nicola Rogers and Rick Scannell (authors of "EU Free Movement of Persons in an Enlarged Europe) will be discussing these and other related issues. The status of the current Immigration (EEA) Regulations and the expected changes to those Regulations as a result of Jia will be covered.
Due to the popularity of this seminar we are running a repeat on 27th March 2007. Click Here to Book Now
Nicola and Rick are here to help! You are very welcome to contact either of them if you have any queries about the Directive or UK Regulations before or after the seminars. Contact details are below:-
Chambers direct dial: 0207 993 7841
Chambers direct dial: 0207 993 7846