Immigration & Asylum
Immigration & Asylum judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Upper Tribunal Dismisses Appeal Against Exclusion From Social Security Benefits
Upper Tribunal Overturns Right to Reside Based on Linguistic Support
The Upper Tribunal ruled that helping a family member with language skills, such as translating documents, does not count as providing material support for residency purposes in the UK.
Upper Tribunal Decision on Right to Reside in UK
The Upper Tribunal ruled that the claimant did not have the right to reside in the UK based on his relationship with a British citizen, as he did not meet the required conditions set forth in the Immigration Regulations.
Upper Tribunal Dismisses Right to Reside Appeal
The Upper Tribunal dismissed an appeal by a Portuguese man who claimed he was entitled to Employment and Support Allowance because his wife had a permanent right of residence in the UK. The Tribunal ruled that the man did not have a valid right to reside in the UK under EU regulations.
Upper Tribunal Refers EU Citizenship Economic Activity Case to ECJ
Upper Tribunal Denies Derivative Right to Reside Due to Timing Issues
Appeal Allowed: Claimant's Right to Reside Upheld by Upper Tribunal
Upper Tribunal Dismisses Right to Reside Appeal
Claimant Can Rely on Article 17 Despite Short Work Period - Upper Tribunal Decision
The Upper Tribunal decided that the UK has not derogated from Article 17 of Directive 2004/38, meaning the claimant can rely on it even though she worked for less than 12 months. This decision was based on the absence of a valid derogation from the directive.