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Article by Bilaal Shabbir on the Free movement website Bilaal is a Trainee Solicitor at MBS Solicitors in Edinburgh. He is Head of Court of Session Litigation and specialises in immigration law, family law, commercial dispute resolution and professional discipline. He was named as 'Paralegal of the Year' at the Scottish Legal Awards 2018. The Court of Appeal’s judgment in Hussein v Secretary of State for the Home Department [2020] EWCA Civ 156 is another reminder of the multiple layers of protection from deportation which EU citizens enjoy. In particular, it focuses on the importance of a properly reasoned decision by the First-tier Tribunal about when deportation meets the “serious grounds of public policy” test in the EEA Regulations. Mr Hussein is a Dutch citizen who arrived in the UK in 1998. Starting from when he was a teenager, Mr Hussein eventually amassed 24 convictions over a 15-year period. That included three stints in custody. In Marc...

Suppose your wife is studying in a European country and you would like to accompany her but she does not have the income to sponsor you for a spousal visa. Let me give you some ideas. 1) Why not start a study yourself if you have money in the bank? Here in The Netherlands that gives you a residents permit as a student. Other EU countries might have a similar system. Moreover a foreign degree looks quite good on one's resume. 2) Have your heard of the Blue Card system? EU blue card holder | Immigration and Naturalisation Service (IND).  It comes down to employers hiring personnel that will get a very high salary because they cannot find suitable employees within the EU. In The Netherlands we also have the Knowledgemigrant permit (kennismigranten). Salary requirements are lower. 3) Then there is researcher? Researcher | Immigration and Naturalisation Service (IND)  Also for researchers there are good opportunities within the EU and the position comes with...

Vorige week kreeg de Nederlandse strafrechtadvocate Inez Weski publiekelijk de les gelezen door een rechtbank in een uitspraak. In Engeland kunnen ze daar ook wat van: daar wordt met vreemdelingenrechtjuristen de mantel (hier toga) uitgeveegd en een ambtshalve klacht over een aantal van hen ingediend. Wat vindt u? Zie hier de uitspraak: http://www.bailii.org/ew/cases/EWHC/Admin/2018/913.html en de boze reactie van een Brits vreemdelingenrecht blog: https://www.freemovement.org.uk/high-court-denuciation-immigration-lawyers-chilling-effect-sathivel-case/ Interessant artikel? Deel het eens met uw netwerk en help mee met het verspreiden van de bekendheid van dit blog. Er staan wellicht nog meer artikelen op dit weblog die u zullen boeien. Kijk gerust eens rond. Zelf graag wat willen plaatsen? Mail dan webmaster@vreemdelingenrecht.com In verband met geldwolven die denken geld te kunnen claimen op krantenartikelen die op een blog als deze worden geplaatst maar na meestal een dag voo...

Dit gaat over hoe verdragen "samen werken". Ook voor de regulier vreemdelingenrecht juristen een boeiend artikel. Jason Pobjoy explains in The Child in International Refugee Law (CUP 2017) how the rule set out in Article 31 of the Vienna Convention on the Law of Treaties (VCLT), the ‘ general rule of interpretation ’, in his words, ‘ comprises a single holistic “rule” of interpretation ’, and that the adoption, by the International Law Commission (ILC), ‘ of a “single, closely integrated rule”’ underscores the need to look beyond a literal construction of the text and to consider the terms of the treaty in light of their object and purposes, in their context and taking into account subsequent extrinsic sources (p 34). He goes on to explain that this ‘ rejection of strict literalism has found favour in domestic refugee jurisprudence ’ and then sets out how Articles 31–33 mandate a ‘ systemic approach ’ to the interpretation and application of the Refugee Conven...

By Caroline Wyatt Defence correspondent, BBC News The MoD said it values the contribution of local Afghans who support its military operations An Afghan man who was badly injured by a Taliban bomb while working as an interpreter for British forces in Afghanistan has been told he has not been granted asylum in Britain. The UK Border Agency (UKBA) told the 25-year-old that his asylum application was being rejected because he had given insufficient proof of his identity and work. It also said that his claims of death threats to himself and his family by the Taliban were not accepted. The man - whom the BBC has agreed not to name fully on its website in order to protect his family in Afghanistan - said he was bitterly disappointed by the decision. Mohammed has shown the BBC pieces of evidence - including letters from several of his British Army bosses and nine identity cards - w...

To summarize the blogs I posted today: According to the Dutch courts: - Refused asylumseekers from Iraq can be deported to Jordan if Jordan agrees to take them back; - Algerian authorities do grant a laissez passer to their nationals who are illegal in The Netherlands as long as they declare to be willing to go back. The court states that that declaration can demanded from such illegal aliens; - Some Oeigoers lost their case against deportation to China. The highest administrative court did not follow their lawyers that the sole fact that they had been abroad for a long period would bring their life in danger (artcle 3 ECHR); The Dutch organisation Vluchtelingenwerk (Refugee aid) organises a white umbrella march on World refugee day. In Vrij Nederland (a magazine) an article is publised about the medical plight of illegal aliens in The Netherlands. Requests for a resident permit as a highly qualified migrant are halted for people from Iran due to the political pressure Europ...

Product Description Since its launch in 1995, the majority of personal data held in the Schengen Information System (SIS) concerns third-country nationals to be refused entry to the Schengen territory. This study reveals why the use of SIS (and the second generation SIS or SIS II) entails a risk to the protection of human rights, such as the right to privacy and the right to data protection, but also the freedom of movement of persons and the principle of non-discrimination. This study describes the implementation of SIS in respectively France, Germany, and the Netherlands and the available legal remedies in both data protection and immigration law. On the basis of three general principles of European law, minimum standards are developed for effective remedies for individuals registered in the SIS, but also other databases such as Eurodac or the Visa Information System. About the Author Evelien Brouwer is lecturer in the Law School of the Utrecht University. She was previously rese...

1. Possibility for U.S. citizens to seek employment in Sweden U.S. citizens can enter into Sweden without a visa and remain in Sweden for three months without any kind of permit. During this time, job hunting is allowed, but not working. 2. Types of Visa/Authorization to Work Work permit procedures Non-EU/EEA citizens who intend to work in Sweden require a work permit before entering the country. It is however possible for employees to come to Sweden, without a work permit, for the recruitment process and then stay if they are hired. Work permits are applied for at the Swedish embassy or consulate in the applicant's country of origin or residence. The consulate or embassy forwards the application to Migration Board for adjudication. Qualifying grounds for work permits On 15 December 2008, new rules regarding the influx of foreign labour to Sweden came into force. The aim is to create a more efficient and flexible system in order to facilitate the recruitment of employe...

None of my friends from UCLA Law School, class of 1973, went into immigration law. Corporate law, personal injury law and real estate law were all far more lucrative. If you are looking for a multi-million dollar settlement, immigration law is not for you. So why do we immigration lawyers do what we do? Having spent over half of my life practicing immigration law, I can tell you that I consider myself to be very fortunate. The satisfaction that I get from meeting and helping immigrants from around the world makes it worthwhile. Let me explain myself by telling you about a recent day at the office: The first thing in the morning, I interviewed an RN who had arrived in the U.S. as a visitor a few years ago. She appeared to be hopelessly out-of-status. Although her father, a lawful permanent resident of the U.S., had submitted a visa petition on her behalf over 15 years ago, he had died soon thereafter. A nursing home had submitted a visa petition on her behalf in 2007. However, as I expl...