28 December 2016 - UK & EEA Immigration Law Updates from the Legal Centre
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• The UK guidance “Entering the UK as the holder of an Article 10 residence card” explicitly acknowledges that a permanent residence card will be valid for entry to the UK without the need for a visa:
“If you are a non-EEA national who holds a valid genuine residence card, issued to you as the family member of an EEA national who is exercising free movement rights in another EEA State (i.e. not your EEA relative’s Member State of nationality) under Article 10 of Directive 2004/38/EC (the ‘Free Movement Directive’), you may use this document for travel to the UK if you are accompanying your EEA national relative here, or joining your EEA national relative in the UK.
Another document, “Permanent Residence Card of a Family Member of a Union Citizen” issued under Article 20 of the Directive is also acceptable.”:
• UK: An Overview – Migration Observatory Review Key Points: http://www.migrationobservatory.ox.a...n-uk-overview/
The University of Oxford based Migration Observatory has published a new and quite interesting report on young migrants. The key points are:
• Migrants tend to be young when they arrive, typically as young adults coming for work or study, or as children accompanying their parents.
• Most young people whose first or main language is not English also speak good English. They tend to have lower educational achievement when they start school, but they make faster progress and so the gap is largely eliminated by age 16.
• Young migrants are more likely to have degree-level qualifications than the UK born.
• Employment outcomes for young migrants vary depending on their country of origin, gender, and age at arrival in the UK. EEA migrants have high employment rates but are overrepresented in low-skilled work; non-EEA migrants are overrepresented in high-skilled jobs but have lower employment rates.
• International students who remain in the UK after their studies have more favourable labour market outcomes than the average across the foreign-born population.
• It is too early to predict the impact of Brexit on the numbers and outcomes of young migrants living in the UK, although several future scenarios involve a shift in the balance of future migration towards people from non-EU countries.
Poland, India, Pakistan, Germany and Romania make up 5 of the top 6 countries of origin for both under 30’s and the foreign-born population as a whole. The table on reasons for coming to the UK is divided by EEA/non-EEA and shows that proportionately more EEA migrants come for economic reasons and more non-EEA migrants come for study and as family or dependants.
On Brexit, the report reiterates that if the UK Government requires EEA migrants in the UK to prove they are qualified persons, significant numbers of them will be excluded. The report points out that students (generally young people) are one of the groups in potential danger:
People who are most likely to face difficulties meeting a permanent-residence-style requirement include the self-employed, who may find it difficult to produce the necessary paperwork; very low earners, whose work in the UK may not be deemed sufficient for them to qualify as ‘workers’ under EU rules; and students or ‘self-sufficient’ people, who are expected to have comprehensive sickness insurance in the UK but who may not have been aware of this requirement.
• Albino child from Nigeria wins asylum claim: http://www.bailii.org/uk/cases/UKUT/IAC/2016/560.html
A child can be at risk of persecutory harm contrary to the UN Convention on the Rights of the Child in circumstances where a comparably placed adult would not be at such a risk.
• Upper Tribunal approach to proxy marriages conceded to be wrong by Home Office: http://www.bailii.org/ew/cases/EWCA/Civ/2016/1303.html
In an interesting development on the validity of proxy marriages, the Home Office has taken the view in a Court of Appeal case that the Upper Tribunal’s approach in Kareem  UKUT 24 is wrong in law. The Court of Appeal has declined to simply overrule Kareem on this basis, though, and is asking the Attorney General to appoint an advocate to the court.
The general rule of private international law is that a marriage which was lawful in the country in which it occurred will be recognised in other countries. Kareem goes behind this rule in holding that a marriage contracted in country A will only be recognised in the UK if it is also recognised in intermediary country B.
If Kareem does prove to be wrong there will be a lot of people denied their free movement rights and put to considerable litigation expense by the approach of the Upper Tribunal.
• Immigration Minister sets out Home Office approach to ETS language testing cases: http://data.parliament.uk/writtenevi...ten/44492.html
Interesting letter from the Immigration Minister to the Home Affairs Select Committee setting out the Home Office approach to and strategy on the ETS litigation.