By Zarina Rahman – Immigration Barrister
The case of Batool and Ors (other family members: EU Exit) [2022] promulgated on 19 July 2022 pertains to the place of ‘other family members’ underneath the EU Settlement Scheme (EUSS). It is one in every of the first revealed choices referring to points arising underneath the EUSS.
The headnote in Batool and Others reads:
(1) An prolonged (oka different) member of the family whose entry and residence was not being facilitated by the United Kingdom earlier than 11pm GMT on 31 December 2020 and who had not utilized for facilitation of entry and residence earlier than that point, can not rely on the Withdrawal Agreement or the immigration guidelines in an effort to achieve an enchantment underneath the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020.
(2) Such an individual has no proper to have any software they’ve made for settlement as a member of the family handled as an software for facilitation and residence as an prolonged/different member of the family.
Legal Background to the Case of Batool and Others
Family members and Other/ Extended relations
Directive 2004/38/EC (referring to the Free Movement of EU residents and their relations) supplies…