Adrian Berry KC

Overview

Adrian is an expert in British nationality law (1) in historic Commonwealth-based claims, (2) in contemporary issues concerning the automatic acquisition of citizenship, naturalisation and registration, as well as (3) deprivation and loss of British nationality. He advises on claims to be a British citizen, British Overseas citizen (BOC), British Overseas Territories citizen (BOTC), British National (Overseas) (BN(O)), British protected person (BPP), or British subject. He is the co-author of Fransman’s British Nationality Law (4^th edition, 2024). He also writes a blog on nationality and citizenship law, covering all of these issues.

He has expertise in running High Court trials on whether a person is already a British national (where witness evidence is called), see for example R (Nooh) v Secretary of State [2018] EWHC 1572 (Admin) (concerning British Overseas citizens), as well as applications for judicial review of refused applications for naturalisation or registration, and deprivation of citizenship appeals. His case of R (Roehrig) v Secretary of State [2023] EWHC 31 (Admin), concerning the acquisition of British citizenship by UK-born children of EU citizens led directly to the Government introducing and fast-tracking the British Nationality (Regularisation of Past Practice) Act 2023 through Parliament.

He regularly advises on the conflict of nationality laws for people with multiple nationalities, who hold or seek to hold both British nationality and other foreign nationalities, where the other countries are intolerant of multiple nationalities. In these cases, he acts in partnership with foreign lawyers to resolve the conflict of laws between nationality law codes, as well as on issues concerning domicile and tax. He also advises on the use of passports as markers of nationality.

As regards Statelessness, he acts and advises on all aspects, including in relation to the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, as well as in relation to Stateless leave to remain under the Immigration Rules and on cases concerning Stateless Persons in detention.

As well as being  co-author of Fransman’s British Nationality Law (4^th edition, 2024), he contributed its previous edition (2011), contributed the nationality law chapters to the JCWI Handbook 2006, contributed to Jackson and Warr’s Immigration Law and Practice (2008) on the Right of Abode, and contributed the nationality law chapters to the Blackstone’s Guide to the Borders, Citizenship and Immigration Act 2009 (OUP 2010). In addition, he has advised JCWI on government nationality proposals and contributed to many ILPA responses to government consultation papers and briefings for Parliamentarians.

He has written on the relationship between British nationality and EU citizenship in Deprivation of Nationality and Citizenship – The Role of EU Law, Journal of Immigration Asylum and Nationality Law, Volume 28 Number 4 2015 pp. 355-366. In addition, he has provided advice in Chagos Islanders v UK (ECtHR) on the position of the Chagos Islanders in British nationality law.

Overview

Adrian acts for individuals, commercial undertakings, and institutions across the whole range of immigration work.

In relation to economic migration work, he has extensive experience in highly skilled migration; sponsor licence issues; skilled workers; global business mobility for service provision and mobility under international agreements; student migration, carriers’ liability penalties (including appeals); and civil penalties for employment and for rented accommodation (including appeals). He also works with employment lawyers to advise on the cross-over between immigration sponsorship, breaches of immigration law, employment rights law, and dismissal law. He writes on economic migration issues. In addition, he provides strategic advice to professional associations, commercial entities, and community interest groups on the use of the economic migration routes and the opportunities for lobbying the UK Home Office on areas of concern.

As regards family reunion, Adrian advises and acts across the range of family reunion issues, under the Immigration Acts and under the Human Rights Act 1998. He has a particular interest in the intersection between immigration proceedings and family proceedings, and the procedural protection afforded by Article 8 ECHR, and in the rights of children.

Adrian acts in immigration detention and in removal cases. As regards detention, he acts in proceedings for people who are unlawfully detained under immigration powers and in connected claims for damages for false imprisonment, including in relation to the length of detention, conditions of detention, adults at risk, detention of EU Citizens, and detention of Stateless Persons. As regards removal cases, he acts in judicial review cases where removal is immanent and there are unassessed bases to remain in the UK.

Adrian provides strategic advice on settlement and citizenship options for persons looking to secure settlement, permanent residence and citizenship in the UK and elsewhere. For the globally mobile, he works in partnership with lawyers in other jurisdictions and with tax and financial advisors to ensure that clients are able to undertake the strategic planning necessary to optimise their position.

Overview

Adrian has an extensive practice in relation to EU law/Withdrawal Agreement law, concerning EU Citizens and their family members, as regards their residence status, risk of expulsion or deportation, access to British citizenship, access to housing, entitlement to social assistance, and the co-ordination of their UK social security benefits with benefits accrued in EU Member States.

During the time the UK was an EU Member State, he acted in numerous cases before the Court of Justice of the European Union (CJEU) concerning EU rights to reside, access to housing, social security, and pregnancy and maternity (Chen  C-200/02, Teixeria C-480/08, Dias C-325/09, Alarappe C-529/11, and Dakneviciute C-544/18), as well as in numerous reported cases before UK Senior Courts.

With his extensive experience in EU law, he continues to act in EU-related cases and in cases arising under the UK’s EU Withdrawal Agreement. Recent cases include Harrington v Secretary of State [2023] EWCA Civ 433 (concerning the co-ordination of family benefits between the UK and Belgium for a UK-resident child); R (Roehrig) v Secretary of State [2024] EWCA Civ 240 (concerning the acquisition of British citizenship by UK-born children of EU citizens); and Fertré v Vale of White Horse District Council  [2024] EWHC 1754 (KB) (concerning access to homelessness assistance for EU citizens with Pre-settled Status on the same basis as British citizens (equal treatment).

Overview

Adrian acts in applications for judicial review and in statutory appeals for Refugees in need of asylum and others seeking complementary protection. He has extensive experience of judicial review where removal to a home state or to a third country is immanent, or where a certificate precludes an appeal. In addition, he acts in statutory appeals before the Senior Courts concerning asylum and protection issues.

He as one of the team of counsel who acted in the ‘Rwanda’ litigation before the High Court, Court of Appeal, and Supreme Court concerning the removal of asylum seekers to Rwanda (R(AAA) v Secretary of State [2023] UKSC 42, Supreme Court.

In addition, he contributed to the policy work for ILPA, and others as regards the asylum-seekers and Refugee aspects of the Nationality and Borders Act 2022, the Illegal Migration Act 2023, and the Safety of Rwanda (Asylum and Immigration) Act 2024.

Adrian also conducts age assessment trials where the Secretary of State disputes whether a young person is in fact a minor child.

Overview

Adrian acts and advises in all areas of homelessness and allocations law concerning matters that are amenable to judicial review and in statutory homelessness appeals, under the Housing Act 1996 and in matters arising under the Equality Act 2010. In particular, he specialises in eligibility issues for migrants, appearing in numerous, reported cases. Recently, he appeared for Shelter in Fertré v Vale of White Horse District Council [2024] EWHC 1754 (KB) concerning access to homelessness assistance for EU citizens with Pre-settled Status on the same basis as British citizens (right to equal treatment).

He provides training and workshops to the Housing Law Practitioners’ Association (HLPA) on eligibility issues and has co-written articles for Legal Action on the subject. During the pandemic, he assisted with Crisis’ draft legislation, the Homelessness and the Prevention of Homelessness (Covid-19 Response) Bill, and assisted Shelter in R (Ncube) v Brighton and Hove City Council [2012] EWHC 578 on statutory accommodation options for persons subject to immigration control.

Adrian has extensive expertise in securing accommodation and housing for migrants. He provides a distinct service to solicitors with migrant clients based on being a one-stop shop on account of his fluency in housing, immigration, nationality, EU, ECHR, and social security law.

In 2010, he was counsel in the first housing case (one of two linked cases) to reach the Court of Justice of the European Union from a UK court, see Teixeira v London Borough of Lambeth [2010] EUECJ C- 480/08. In addition, he has numerous reported cases demonstrating his expertise in helping migrants secure homelessness assistance, asylum support accommodation, accommodation for children leaving care, and housing benefit. His clients often have issues that touch on the Housing Act 1996, Community Care provisions, the Children Act 1989, and asylum support matters.

Overview

Adrian acts and advises in social security (cash benefits and benefits in kind), community care provision by local authorities, healthcare by NHS providers, and pensions cases, including but not limited to cases that touch on immigration issues and EU law issues.

He has a particular expertise in the coordination of social security for migrants under EU Regulation 883/2004 and under the Withdrawal Agreement and in relation to eligibility for social assistance. Recent cases include Harrington v Secretary of State [2023] EWCA Civ 433 (concerning the co-ordination of family benefits between the UK and Belgium for a UK-resident child); and Secretary of State for Work and Pensions v VB and another (UC) (European Union law – free movement – workers) [2024] UKUT 212 (AAC) (concerning eligibility for universal credit).

Overview

Adrian acts in cases for children with Special Educational Needs in relation to school-age education, in school admission cases, and for children excluded from school. In relation to higher education, he acts for persons with immigration or residence-related issues concerning fees and student support.

Overview

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

Recent notable cases include:

Fertré v Vale of White Horse District Council [2024] EWHC 1754 (KB), High Court, concerning access to homelessness assistance for EU citizens with Pre-settled Status on the same basis as British citizens (right to equal treatment).

Secretary of State for Work and Pensions v VB and another (UC) (European Union law – free movement – workers) [2024] UKUT 212 (AAC), Upper Tribunal, concerning eligibility for universal credit.

R (Roehrig) v Secretary of State for the Home Department [2024] EWCA Civ 240, Court of Appeal, concerning the acquisition of British citizenship by UK-born children of EU citizens.

R (AAA) v Secretary of State for the Home Department [2023] UKSC 42, Supreme Court, concerning the removal of asylum seekers to Rwanda.

Harrington v Secretary of State for Work and Pensions [2023] EWCA Civ 433, Court of Appeal, concerning the co-ordination of family benefits between the UK and Belgium for a UK-resident child.

R (Al Hashemi) v Secretary of State for the Home Department [2023] EWHC 805 (Admin), High Court, concerning people of Somali heritage born in Aden in 1968 just after the end of British rule, who asserted they were British Overseas citizens under the British Nationality Acts of 1948 and 1981.

R (King) v Secretary of State for Education [2021] EWHC 2509 (Admin), [2023] ELR 93 High Court, concerning access to student maintenance, EU law and human rights law.

Her Majesty’s Revenue and Customs v Henrika Dakneviciute Case C-544/18 Court of Justice of the European Union (CJEU). Whether an EU Citizen retained self-employed status and a right to reside as such during periods of pregnancy and maternity.

Overview

Adrian is ranked in both legal directories for immigration. He is ranked in Tier 1 in the Legal 500 2025 and Band 1 in Chambers UK 2025.

In Chambers UK 2019, he has been described as having “real flair” and as being “excellent on EU points.” It is written that “He is second to none on EU issues” and that he “has extensive knowledge across all areas of immigration, asylum and nationality law.”

In Legal 500 2019, he has been described as ‘an “EU whiz-kid” who manages to “unscramble the EU and social security minefield with ease”, as having ‘an extensive British nationality law practice’, and as someone whose “commitment to ensuring that EU law can be used to benefit people who would otherwise be destitute is unwavering.” It is written that “His brain works at frightening speed. Highly regarded for his expertise on nationality law.”

In Chambers UK 2018, it is written that “He impresses with his clear analytical thinking and an unrivalled knowledge of the law. In the era of Brexit, he is unquestionably the man to go to for EEA and nationality matters.”

In Legal 500 2017, it is written that “He is a genius; a walking encyclopaedia in both nationality law and European law.”

In Chambers UK 2017, Adrian is described as “An exceptionally skilled junior, whose practice is heavily focused on British nationality and EU free movement law. He routinely receives instructions from large-scale corporations in major commercial immigration matters.” “An absolutely brilliant brain and a delightful personality – always a pleasure to work with.” “One of the finest legal minds of our time.”

In the Legal 500 2016, it is written that “His knowledge of the EU aspects of immigration law is unrivalled.”

In Chambers UK 2016, it is written that “He remains one of the few true experts on nationality law.” “He knows EEA law inside out. He is a seasoned High Court advocate and is so well connected in the world of immigration law, domestically and throughout Europe.”

In Legal 500 2015, Adrian is described as “Analytical, and extremely clever at complex law; the best of any barrister at EU and nationality law.” Regarding his social housing practice, “His depth of knowledge is excellent.”

In Chambers UK 2015, it is written that Adrian “has an excellent reputation for his work on British nationality, international protection and asylum matters. He is often called upon to advise the UNHCR on statelessness, and he provides businesses, schools and individuals with information on Tier 1 and Tier 4 applications.” He is described as “incredibly knowledgeable across all areas of UK immigration law and always willing to take the time to have something run by him.” “Very impressive on nationality issues and statelessness, and a very good advocate and communicator.”

In Chambers UK 2014, Adrian is described as a “guru on European immigration issues” and as “thorough and highly knowledgeable.” “In EU law, he really is the person.” Regarding his practice in social housing, he is described as “bright and articulate.” “Adrian Berry has extensive knowledge of the eligibility of EU nationals to housing rights.” “He’s really stepped up as a leading junior on EU-related housing cases.” “He’s consistently turning out quality Court of Appeal and European work.” Sources praise him for “his ability to convey complex arguments in a concise, clear and persuasive manner.”

In Legal 500 2014, Adrian is highlighted in Social Housing, where it is said that “his knowledge of European Law is exceptional and his drafting is precise and clear.” He is also highlighted in Immigration where it is noted that “judges listen to him.”