• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Immigration Law in the United Kingdom: Advice to a client

Extracts from this document...

Introduction

1. Introduction This paper shall advise Danielle Petrie, a French national, as to her and her family's right of entry to and residency in the UK, and rights of equality as non-UK nationals in the UK. In addition, consideration shall be given to Danielle's rights in her professional capacity as a solicitor who is proposing to work for a UK law firm, Scrooge & Co. 2. Danielle Petrie's rights and obligations Danielle has a prima facie right of free movement given that she is from France, an EC Member State,1 and she is moving to the UK, another EC country.2 However, in order to move to the UK she must fall within the substantive provisions of the EC Treaty and secondary legislation on free movement of persons. The relevant sections of the EC Treaty are those on the free movement of persons and freedom of establishment: Articles 39 and 43 respectively. Danielle is likely to be a worker so Article 39 EC should be considered. As she is a lawyer, she will be a professional, and it is possible that she will be a partner rather than a salaried employee at Scrooge & Co, so Article 43 EC should also be considered. Coles suggests that Article 39 and 43 EC are 'mutually exclusive' and that 'in practical terms since the rights available under both are reasonably equivalent, there should be relatively little concern placed on distinguishing which to plead'. ...read more.

Middle

At this stage it is important to note that the ECJ in Baumbast and R13 confirmed that descendants within Article 1014 extends 'both to the descendants of that worker and to those of his spouse. To give a restrictive interpretation to that provision to the effect that only the children common to the migrant worker and his spouse have the right to install themselves with them would run counter to the aim of Regulation No 1612/68' (Para. 57). Therefore, even if the children are Danielle's children and not Pierre's, and provided that they are under the age of 21 (which is likely given they are described as children) and Danielle has available for her family housing considered as normal for national workers in the region where she is employed15, there should be no problem with them moving to the UK. We are told that she has rented accommodation in Harringford, although from the facts it is not possible to ascertain whether it is 'normal' for national workers in the borough where they are renting. Even if the 4 children were not Danielle's own, as is the case with one of the 5 children, which is Pierre's by his previous marriage, so long as they are dependent on Danielle or lived under Danielle's roof in France they would be able to move to the UK with her, as they will be deemed family.16 The test for dependency was established in the ...read more.

Conclusion

As regards the latter there is no evidence on the facts that she is a drug addict or has some other disease or disability that might justify preventing her, on grounds of public health, from entering and residing in the country.26 To satisfy the grounds of public policy or security the threat would have to be genuine and sufficiently serious: see Rutlili v Minister for the Interior.27 Whilst we are not told what drug was found in her possession, which would be important as regards the gravity of the offence, nevertheless, it was only a 'small quantity' and as such she is unlikely to constitute a serious threat to public policy or security. 4.4. Conclusion My advice, based on the available facts, would be that Danielle and her family have a right to enter and reside in the UK, but that that Danielle will not be able to obtain a free bus pass for her younger child nor obtain a remedy under the free movement provisions for the premium that a UK insurance broker is proposing to charge her because she is not a UK national. However, the procedural grounds for Gabrielle, do not appear to have been complied with, and she is unlikely to have warranted deportation under the grounds for derogation anyway, therefore, it is likely that she will soon be able to return to the UK to join her family. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree European Union Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree European Union Law essays

  1. Marked by a teacher

    What is the meaning of the term 'measure equivalent to a quantitative restriction' for ...

    4 star(s)

    An equal-burden rule is one which imposes a like burden as regards the selling arrangements of a product, and therefore under Keck, only those which impose a dual burden rule will be caught be Article 28 and are therefore MEQR's (unless the selling arrangements discriminate in law.)

  2. Critically evaluate the above statement in the context of EC law making, paying particular ...

    the European institutions, low attendance, laws being drafted by civil servants, in terms of democratic accountability it is no better. Also the more the individual states do by themselves the less influence they have over each other and there would begin to be less and less of a union.

  1. How far has the creation of a single market in goods resulted in the ...

    It is apparent that the Community acknowledges this fact but also understands their necessity in economic growth and improvement in industry. In order to regulate and monitor whether state aids are incompatible with EC Law, the commission considers the provisions laid down in Articles 87- 89 (ex.

  2. EU Law - age discrimination and market access case studies.

    First we will assess the validity of these measures; as B will have to invest more time and money into meeting these requirements, the integration of her products into the French market is hindered. For this reason, these measures satisfy the initial requirement of the Dassonville test.

  1. Free movement of capital and payments. Although the 1957 Treaty of Rome included ...

    In Petri Manninen12, the ECJ commented that Article 58(1)(a) cannot be interpreted as meaning any tax legislation and thus making a distinction between taxpayers by reference to the place where they invest their capital is automatically compatible with the treaty.

  2. EU Freedom of Establishment. In this essay I will discuss the definition of establishment ...

    in Gebhard3, made the following observation: "The concept of establishment within the meaning of the Treaty is therefore a very broad one, allowing a Community national to participate, on a stable and continuous basis, in the economic life of a Member State other than his State of origin and to

  1. What was the relationship between the Factortame case and the Treaty of Rome 1957?

    the requirements of Part II and Part VII of the Merchant Shipping Act 1988 were not met. [33] Treaty of Rome 1957 Art 5 - English Courts have the power to grant an interim junction if Community law overrode English law.

  2. EU Law - Albatros Pool problem case. Mark and Sunita must be advised that ...

    claims for loss suffered as a result of legislation adopted in contravention of directly effective Treaty provisions. Moreover, it should be of interest to Sunita that in Dillenkofer v Germany this principle was applied to incorporate improperly implemented Directives. These authorities also clarify that for state liability to be found

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work