Ed Mynott
After a career in academic research on asylum-related topics, Ed switched to legal practice in 2003, joining the Greater Manchester Immigration Aid Unit. From 2006 to 2011 he worked at the Immigration Advisory Service in the north west of England, with responsibility for Upper Tribunal (IAC) matters and the delivery of training.
Since 2010 he has been a member of the Law Society's Immigration Law Advanced Accreditation Scheme. After the demise of IAS, there followed a period in private practice at immigration specialists Latitude Law.
He is now practising as a freelance advocate in the First tier and Upper Tribunals.
Practice Area
Panels
- Consulting Editorial Board
- Contributing Author
Education
- PhD Social History, University of Manchester
- BA (Hons) History, Manchester Polytechnic
4 Contributions by Ed Mynott
PRACTICE NOTES
Article 20 TFEU ‘Zambrano’ derived residence rights: scope, dependency tests, and limits after Chavez‑Vilchez, KA and X; interaction with the Citizens’ Directive and the EU Charter
This Practice Note examines how the breadth of the EU right of residence derived from EU citizenship, first acknowledged by the Court of Justice in Ruiz Zambrano, has since been curtailed by later rulings and its operation limited to defined situations.
The recognition of EU citizenship rights in Zambrano
In Gerardo Ruiz Zambrano v Office national de l'emploi, the Court of Justice marked a watershed in the developing body of EU citizenship law, conferring on EU nationals—and, crucially, their relatives—an autonomous, directly enforceable entitlement to reside, separate from the freedoms laid down in EU free movement rules, notably Directive 2004/38/EC, the Citizens’ Directive.
Briefly, two married Colombian citizens sought asylum in Belgium. Although their claim failed, removal was not possible. While in Belgium, the couple had two children. The children neither obtained Colombian nationality nor were they registered as Colombian. To avoid statelessness, they were granted Belgian nationality. The parents maintained that EU law afforded them, as the children’s parents, a right to live and to work. The Court of...
EU Law
PRACTICE NOTES
Ethical duties for UK immigration solicitors and IAA advisers acting for clients without leave: regulation, criminal risks, confidentiality, candour to courts and Home Office, conflicts and withdrawal
The statutory regulation of immigration advice and services
Immigration advice in the UK is regulated by the Immigration and Asylum Act 1999 (IAA 1999), which stipulates that—save for narrow exceptions—anyone offering immigration advice or services to individuals must be a ‘qualified person’. Section 84(2)(c) of the IAA 1999 originally treated as qualified those authorised to practise in the UK by an equivalent designated professional body in another EEA state; however, from 31 December 2020, that provision was removed by virtue of the Immigration, Nationality and Asylum (EU Exit) Regulations 2019, SI 2019/745. A Ministerial exemption from registering with the Immigration Advice Authority (IAA) continues to cover licensed sponsors where they supply immigration advice or services at no cost to employees, prospective employees and students. Comparable Ministerial exemptions extend to specified educational institutions and health sector bodies. See Practice Note: Giving immigration advice in the UK...
Immigration
PRACTICE NOTES
Zambrano carers in the UK: derivative residence cards versus Appendix EU—procedure, Home Office prior Appendix FM/Article 8 requirement, advantages, disadvantages and remedies (Archived)
ARCHIVED
This Practice Note is archived and no longer updated, as it addressed the operation of EU free movement rules in the UK before IP completion day, when domestic measures giving effect to EU free movement were revoked, subject to specified savings and modifications. For fuller information, including the relevant savings and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note is preserved in archived form for historical interest, since EU law as it was previously applied in the UK remains pertinent in certain limited circumstances. For historical iterations of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including the version immediately before revocation, see Legislation.gov.uk. For continuing developments in EU free movement law across EU Member States, see: Immigration, employment & share incentives (EU Law)—overview...
Immigration
PRACTICE NOTES
Zambrano-derived residence rights for primary carers of British citizens: UK case law, Immigration (EEA) Regulations 2006/2016, and Home Office guidance (Archived)
ARCHIVED : this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications.
This Practice Note is archived and no longer updated, as it addressed how EU free movement rules operated in the UK before IP completion day, when domestic measures giving effect to those rules were revoked, with certain preserved elements and adjustments. For more detail—including the applicable savings and the status of CJEU case law—see Practice Note: Brexit and the end of EU free movement law in the UK. It is retained in archived form for historical interest, since EU law as previously implemented in the UK can still be pertinent in a few limited scenarios. For historic versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including the iteration in force immediately before revocation, refer to Legislation.gov.uk. For the ongoing evolution of EU free movement law across EU Member States, see: Immigration, employment & share incentives (EU Law)—overview...
Immigration
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