EUSS

Question 1

Celik

Answer 1

The Celik case clarifies that non-EEA nationals in relationships with EEA citizens must have had their residence facilitated (e.g., by applying for a relevant document) before 31 December 2020 to qualify under the EU Settlement Scheme (EUSS). The Court of Appeal upheld that delays in marriage caused by circumstances like COVID-19 do not alter this requirement, and the principle of proportionality under the EU Withdrawal Agreement does not apply to those without existing rights before the transition period’s end.

Question 2

Velaj

Answer 2

Zambrano.

the compulsion test requires a fact-based enquiry and should not be based on a hypothetical, assumed or counter-factual premise.