header-logo header-logo

17 November 2017
Issue: 7770 / Categories: Legal News , Brexit
printer mail-detail

Derived rights under EEA rules

An EEA citizen who becomes a UK citizen has the right to bring a non-EU spouse into the country, the European Court of Justice has ruled.

In Toufik Lounes v Home Secretary (Case C-165/16), the court decided the Home Office unlawfully refused permission for an Algerian husband to join his dual British-Spanish wife in the UK.

The Home Office argued the wife had lost her European Economic Area (EEA) national rights when she became a British citizen. Therefore, her husband could not claim residence as an EEA national family member, and she must follow the same immigration procedures as any other British national.

However, the court held the husband had a ‘derived right’ under EEA rules because his wife had exercised freedom of movement rights (but he wouldn’t if she had stayed in Spain).

Issue: 7770 / Categories: Legal News , Brexit
printer mail-details

MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll