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EU Law and British Nationals
Although the EU right of free movement is now an integral part of UK law (through the operation of the European Communities Act 1972, the Immigration Act 1988 and the Immigration (European Economic Area) Order 1994), UK immigration authorities and the courts have always maintained that domestic immigration law is completely independent from it and the two systems enjoy no point of contact.
Consequently British nationals can only invoke EU law in the UK on their return after exercising their right of free movement in another Member State . With this EU law dimension a UK national can, for example, invoke EU law in order to enable the admission of a foreign spouse to the UK without the need to obtain entry clearance.
British nationals who can invoke free movement rights are generally required to elect which system they wish to rely upon. This choice should be carefully considered as it can have short and long term consequences. For example, while opting for the EU route may ensure swifter entry than seeking to obtain entry clearance to the UK for the foreign spouse of a British national, the applicant may then find that choosing the European route means that they will not have a right to be considered for Indefinite Leave to Remain (ILR) under domestic immigration law after two years, but will only be considered after four years as the spouse of an EEA national.
Consequently British nationals can only invoke EU law in the UK on their return after exercising their right of free movement in another Member State . With this EU law dimension a UK national can, for example, invoke EU law in order to enable the admission of a foreign spouse to the UK without the need to obtain entry clearance.
British nationals who can invoke free movement rights are generally required to elect which system they wish to rely upon. This choice should be carefully considered as it can have short and long term consequences. For example, while opting for the EU route may ensure swifter entry than seeking to obtain entry clearance to the UK for the foreign spouse of a British national, the applicant may then find that choosing the European route means that they will not have a right to be considered for Indefinite Leave to Remain (ILR) under domestic immigration law after two years, but will only be considered after four years as the spouse of an EEA national.
