UK visa legislation breaches EU free movement law
26 May 2014
EIN
ECJ: Advocate General's opinion in McCarthy case finds UK visa legislation breaches EU free movement law
Advocate General Szpunar of the Court of Justice of the European Union has concluded in his opinion in the Grand Chamber case of McCarthy and Others v Secretary of State for the Home Department, Case C-202/13, that UK visa legislation breaches EU free movement law, Doughty Street Chambers reported in a news release last week.
RTE News noted that Advocate General Szpunar's opinion found a dual citizen of the UK and Ireland who is married to a Colombian national and who lives in Spain should be allowed to bring his wife to the UK without having to apply for a UK travel permit every six months.
The opinion could have major implications for British immigration rules if it is confirmed by a judgment of the Grand Chamber, RTE News says.
Steve Peers, Professor of European Union and Human Rights Law at the University of Essex, has more on the opinion on his EU Law Analysis blog here.
Peers says the opinion raises important questions about the scope of the EU's free movement law rules and the relationship between those rules and EU or national rules on border controls and visas.
Read more here...
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Originally Posted by Terpe
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