Many predicted that the heady mixture of Brexit and COVID-19 would lead to litigation, and so it has come to cross. Ending EU free motion regulation in the course of a worldwide pandemic – when individuals confronted problem travelling, marrying, and getting recommendation from an immigration lawyer – was certain to trigger issues.
For Mr Celik, a Turkish nationwide residing within the UK, the issue he confronted was an incapacity to marry his Romanian associate earlier than 31 December 2020.
In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) the Upper Tribunal has determined that he — and anybody else in an analogous state of affairs — can’t profit from the EU Settlement Scheme.
Unmarried {couples} didn’t have computerized rights beneath EU free motion regulation in the identical approach that direct members of the family, akin to spouses, did. This meant that they’d to apply for a residence doc beneath the Immigration (EEA) Regulations 2016 or marry earlier than 31 December 2020 – when EU regulation ceased to apply within the UK.
The Tribunal additionally determined that appellants can’t depend on their human rights in EU Settled Status appeals except the Home Office consents to this. This will facet of the choice might be thought of in a separate weblog submit, coming quickly.
Is the requirement to apply for a residence doc proportionate?
Mr Celik argued that the requirement to apply for a doc beneath EU free motion regulation first was unfair, disproportionate and opposite to the Withdrawal Agreement.
The Upper Tribunal…
