Until relatively recently German nationals lost their German citizenship if they obtained citizenship of another Member State of the European Union. The change in the law took place in 2007 but was hardly reported, leaving many German nationals unaware of their new rights.
From the Advocate General's recently published opinion it looks probable that the UK will be the loser in the Court of Appeal's reference to the European Court of Justice regarding the acquisition of a permanent right of residence under the European Union's Citizens' Directive.
Currently applications from Turkish nationals who establish themselves in business having entered the UK in a different capacity appear to be unlikely to succeed following the Court of Appeal's judgment in Filiz Sonmez last year. But, as Gherson predicted, the issue on which Ms Sonmez lost - the application of the "abuse principle" in European Community law - has now been referred by the Court of Appeal to the European Court of Justice.
The European Court of Justice has interpreted European Union law to show that the parent of a child who is at school in Member State of the European Union has the right to reside there
Since Monday 15 February 2010 the Asylum and Immigration Tribunal is no more. But has anything really changed?
The Court of Appeal has rejected an appeal from an Irish company and its non-EU employees against a Judge's decision that they could not rely on European free movement rights to provide services in the UK, and that their attempts to do so were abusive.
For years it has been accepted that "extended family members" of EEA nationals can't apply to join their relatives in the UK unless they are dependent upon them as a matter of necessity. The Court of Appeal has found that the ruling which established this was incorrect.
In KH (Afghanistan) v Secretary of State for the Home Department the Court of Appeal has found that Regulation 12 (1) (b) of the Immigration (European Area) Regulations 2006 unlawfully requires the family members of nationals of the European Economic Area (EEA) who are exercising Treaty rights in the UK to be living lawfully in another EEA state.
Mr. Justice Blake at the High Court of Justice has unambiguously found that the requirement that family members of European Union nationals must have been residing in an EU country before they are given a 'family permit' (similar to entry clearance for EU national and their families) is unlawful.
There were five Claimants applying for judicial review in R on the application of Low & others v Secretary of State for the Home Department [2009] EWHC 35 (Admin). The first three Claimants were Chinese nationals who had been contracted to work for the fourth Claimant, a company providing catering services based in Ireland, and who at the time of their arrests in the United Kingdom had been working for the fifth Claimant, a Chinese restaurant in the UK.