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As Britain heads towards the EU exit, the government’s decision to put a stop to European law could put future immigration cases at risk.
The Home Office document leaked this week detailed the Conservative government’s intention to bring all immigration matters under the UK system meaning that cases will no longer go to the Court of Justice of the European Union. This will eventually change the country’s perception of immigration law with effects felt throughout a generation.
Whereas most conversations surrounding European law focus on the pointless and often bureaucratic restrictions that are imposed on the country from officials we didn’t elect, the effects of European law have helped reunite many families.
The Surinder Singh route for the family member or spouse of a British citizen who has previously lived in another country within the EEA for a significant period of time. Named after the man who filed the first application, Surinder Singh has been a popular application route for couples that met abroad.
The Metock judgment held that a non-EU national in the UK unlawfully could remain in the country if they entered into an authentic relationship with an EU national residing in the UK. Now if an over stayer remains in the UK regardless of their relationship status they will be viewed as an illegal immigrant.
The Zambrano case involves the non-EEA parent of a child with European citizenship. If the child is a citizenship of a member state then the parent must be granted the rights to the residence of the said member state as well as the right to work in order to preserve the welfare of the child.
European residents will also be brought into line with current sponsorship standards for spouse visas, this will involve European citizens living in the UK is subject to the minimum income requirement of £18,600 per year in order to support a non-EEA partner.
All the proposed changes are part of Theresa May’s government’s plans to reduce the immigration numbers every year to under 100,000. It’s been alleged that the immigration document which was put together in August has been rewritten up to six times in the past few weeks but it’s rhetoric of alienating EU citizens who want to step up their life in the UK has truly been felt.
As the next round of talks is set to commence on the 18th September, Brexit Chief David Davis will be negotiating the terms of immigration which puts into question the living arrangements of thousands of real families in the UK and beyond.
If you are worried these changes could have an impact on your and your family, get in touch with the IAS team today to discuss your case. We have expert immigration lawyers available across the country to help you.