(1) The right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national of a Member State or a family member of that national is outside the host country. (2) Leaving aside military service, the reasons for that absence must come within regulation … Continue reading Babajanov (Continuity of Residence – Immigration (EEA) Regulations 2006) Azerbaijan: UTIAC 3 Oct 2013

A state of affairs is ‘temporary’ if it is not permanent. Accordingly, for the purposes of reg 6(2)(a) of the Immigration (European Economic Area) Regulations 2006, a person whose inability to work as a result of illness or accident is not permanent is temporarily unable to work. Citations: [2010] UKUT 447 (IAC), [2011] Imm AR … Continue reading FMB (EEA Regulations – Reg 6 (A) – ‘Temporarily Unable To Work’) Uganda: UTIAC 16 Nov 2010

UTIAC (1) In applications under the Immigration (European Economic Area) Regulations 2006, care must be taken to identify both the relevant rights being asserted and the relevant documentary confirmation which is being sought in respect of those rights.(2) The requirement in regulation 17(1)(a) and (2)(a) for the production of a valid passport relates to the … Continue reading Barnett and Others (EEA Regulations: Rights and Documentation) Jamaica: UTIAC 14 May 2012

UTIAC Under the scheme set out in reg 8 (2) of the Immigration (European Economic Area) Regulations 2006, a person can succeed in establishing that he or she is an ‘extended family member’ in any one of four different ways, each of which requires proving a relevant connection both prior to arrival in the UK … Continue reading Dauhoo (EEA Regulations – Reg 8, ) Mauritius: UTIAC 13 Mar 2012

UTIAC 1. For the purposes of establishing whether a person qualifies as an Other Family Member (OFM)/extended family member under regulation 8 of the Immigration (European Economic Area) Regulations 2006, the requirement that they accompany or join the Union citizen/EEA national exercising Treaty rights must be read as encompassing both those who have arrived before … Continue reading Aladeselu and Others (2006 Regs – Reg 8) Nigeria: UTIAC 1 Jul 2011

IAT A serving prisoner is not a worker for the purposes of the Immigration (European Economic Area) Regulations 2000 or 2006 and a spouse is not, therefore, entitled to a residence card. Citations: [2006] UKAIT 00066 Links: Bailii Immigration Updated: 07 July 2022; Ref: scu.245049

IAT LS (EEA Regulations 2000 – Meaning of ‘Dependant’) Sri Lanka [2005] UKAIT 00132 is not authority for the proposition that, once a person has shown that he is dependent on an EEA national or his spouse, the person concerned is entitled without more to an EEA family permit or a residence document, as the … Continue reading SY and others (EEA Regulation 10, Dependancy Alone Insufficient) Sri Lanka: IAT 7 Mar 2006

UTIAC The correct approach to be applied by tribunal judges in relation to ss.117A-D of the Nationality, Immigration and Asylum 2002 (as amended) in the context of EEA removal decisions is: (i) first to decide if a person satisfies requirements of the Immigration (European Economic Area) Regulations 2006. In this context ss.117A-D has no application; … Continue reading Badewa (SS 117A-D and EEA Regulations): UTIAC 29 May 2015

Judges: Lang DBE J Citations: [2016] EWHC 436 (Admin) Links: Bailii Statutes: Immigration (European Economic Area) Regulations 2006 Jurisdiction: England and Wales Immigration Updated: 25 November 2022; Ref: scu.560727

Judges: Mrs Justice Lang Citations: [2014] EWHC 440 (QB) Links: Bailii Statutes: Immigration (European Economic Area) Regulations 2006 Jurisdiction: England and Wales Immigration Updated: 19 November 2022; Ref: scu.521606

UTIAC (1) The provisions of the Immigration (European Economic Area) Regulations 2006 concerning, respectively, self-employed persons and workers ultimately derive from different previous Directives and cannot be elided, so as, for example, to create a concept of ‘self-employment seeking’.(2) Accordingly, a person cannot combine a period of self-employment with a period of seeking employment, so … Continue reading Zubair (EEA Regs: Self-Employed Persons) Pakistan: UTIAC 11 Apr 2013

Judges: Pill, Richards, Davis LJJ Citations: [2013] EWCA Civ 144 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Aladeselu and Others (2006 Regs – Reg 8) Nigeria UTIAC 1-Jul-2011 UTIAC 1. For the purposes of establishing whether a person qualifies as an Other Family Member (OFM)/extended family member under regulation 8 of the … Continue reading Aladeselu and Others v Secretary of State for The Home Department: CA 1 Mar 2013

UTIAC (i) In the absence of a s.120 notice and a statement of ‘additional grounds’, an appellant could not rely on the Immigration (European Economic Area) Regulations 2006 before the First-tier Tribunal as that had not formed part of his application for leave to remain made to the Secretary of State: Lamichhane v SSHD [2012] … Continue reading Jaff (S120 Notice; Statement of – Additional Grounds) Iraq: UTIAC 10 Sep 2012

UTIAC British citizen born in Northern Ireland prior to 2001 was an Irish national from birth; when he terminated his activity as a worker as a result of permanent incapacity to work he acquired a permanent right of residence under reg 15(1)(c) of the Immigration (European Economic Area) Regulations 2006; there was no requirement for … Continue reading MAH (Dual Nationality – Permanent Residence) Canada: UTIAC 7 Dec 2010

UTIAC i. A person claiming to be an OFM under Article 3(2) of Directive 2004/38/EC may either be a dependant or a member of the household of the EEA national: they are alternative ways of qualifying as an OFM.ii. In either case the dependency or membership of the household must be on a person who … Continue reading Moneke and Others (EEA – OFMS) Nigeria: UTIAC 22 Aug 2011

UTIAC 1) In deciding whether to set aside the decision of the First-tier Tribunal under section 12 of the Tribunals, Courts and Enforcement Act 2007 the Upper Tribunal can dispose of the appeal in one of two ways, either by remitting the case to the Fist-tier Tribunal or by re-making the decision. However, that choice … Continue reading RH (UTIAC – Remittals) Jamaica: UTIAC 22 Nov 2010

UTIAC 1. The personal scope of the safeguards against expulsion which Article 27 of 2004/38/EC (the ‘Citizens Directive’) affords to ‘family members’ does not include ‘other family members'(OFMs).2. Hence Exception 3 to s.32(4) and (5) of the UK Borders Act 2007 (which arises where the removal of a foreign criminal from the United Kingdom in … Continue reading Rose (Automatic Deportation – Exception 3) Jamaica: UTIAC 13 Jul 2011

UTIAC To acquire a permanent right of residence under reg. 15(1)(b) of the Immigration (European Economic Area) Regulations 2006 a family member of a Union citizen must show that both he and the Union citizen have resided in the UK in accordance with the Regulations for a continuous period of five years. Citations: [2011] UKUT … Continue reading EN (Continuity of Residence – Family Member) Nigeria: UTIAC 1 Feb 2011

UTIAC Regulation 15(1)(b) of the Immigration (European Economic Area) Regulations 2006 applies to those who entered a genuine marriage where both parties have resided in the United Kingdom for five years since the marriage; the EEA national’s spouse has resided as the family member of a qualified person or otherwise in accordance with the Regulations … Continue reading PM (EEA – Spouse – ‘Residing With’) Turkey: UTIAC 7 Mar 2011

Citations: [2014] EWHC 737 (Admin) Links: Bailii Statutes: Immigration (European Economic Area) Regulations 2006 Jurisdiction: England and Wales Immigration Updated: 03 August 2022; Ref: scu.538308

The claimant sought leave to appeal against refusal of a residence permit. She was a citizen both of Ireland and the UK. Her husband was Jamaican and had been refused a residence permit and card. The claimant said that the AIT had not properly considered her own dual nationality. Citations: [2008] EWCA Civ 641 Links: … Continue reading McCarthy v Secretary of State for the Home Department: CA 11 Jun 2008

The court was asked whether the adult primary carer of her EU citizen parent can acquire a derivative right to remain in the United Kingdom based on her parent’s dependency on her for her care. Judges: Underhill VP, Floyd, Holroyde LJJ Citations: [2019] EWCA Civ 580 Links: Bailii Statutes: Immigration (European Economic Area) Regulations 2006 … Continue reading MS (Malaysia) v Secretary of State for The Home Department: CA 9 Apr 2019

Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019

Citations: [2019] EWCA Civ 172 Links: Bailii Statutes: Immigration (European Economic Area) Regulations 2006 Jurisdiction: England and Wales Immigration Updated: 27 April 2022; Ref: scu.633442

For the purposes of determining retained rights of residence, in regulation 10(6)(a) of both the Immigration (European Economic Area) Regulations 2006 and the Immigration (European Economic Area) Regulations 2016, the reference to a worker includes a jobseeker. Citations: [2018] UKUT 275 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 01 February 2022; Ref: scu.628732

1. In order to acquire a right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 and the Citizens Directive 2004/38/EC a person had to show five years lawful residence within the meaning of EU law. 2. On the present state of the authorities, a period in prison does not … Continue reading Jarusevicius (EAA Reg 21 – Effect of Imprisonment) Lithuania: UTIAC 17 Apr 2012

In reg 29AA(3) of the Immigration (European Economic Area) Regulations 2006, the word ‘appearance’ refers to P’s formal presence at his appeal. In ascertaining whether the exception in reg 29AA applies, the possibility of managing risk by detention or conditions is a factor to be taken into account. Citations: [2016] UKUT 107 (IAC) Links: Bailii … Continue reading Kasicky, Regina (on The Application of) v Secretary of State for The Home Department (Reg 29Aa: Interpretation) (IJR): UTIAC 28 Jan 2016

‘The Claimant applies for judicial review of the Defendant’s failure to issue him with an EEA residence card, pursuant to the Immigration (European Economic Area) Regulations 2006 (‘the EEA Regulations 2006’) and Directive 2004/38/EC (‘the Directive’), and the Defendant’s decision to detain him between January and June 2012, with a view to removing him from … Continue reading Santos, Regina (on The Application of) v Secretary of State for The Home Department: Admn 23 Mar 2016

Moore-Bick VP CA, Richards, Floyd LJJ [2016] EWCA Civ 14 Bailii Immigration (European Economic Area) Regulations 2006 England and Wales Immigration Updated: 09 January 2022; Ref: scu.558726

‘appeal against a decision of the Upper Tribunal that (i) the appellant has no derivative right to remain in the United Kingdom under the Immigration (European Economic Area) Regulations 2006 (‘the EEA Regulations’) and (ii) in the context of the appellant’s appeal under the EEA Regulations the Upper Tribunal had no jurisdiction to consider a … Continue reading TY (Sri Lanka) v The Secretary of State for The Home Department: CA 1 Dec 2015

ECJ An EEA national woman will retain continuity of residence for the purposes of the Immigration (European Economic Area) Regulations 2006 (the 2006 EEA Regulations) for a period in which she was absent from working or job-seeking owing to the physical constraints of the late stages of pregnancy and the aftermath of childbirth if, in … Continue reading Weldemichael and Another (St Prix C-507/12; Effect): UTIAC 23 Sep 2015

Claim for judicial review of decisions of the defendant in 2013 to detain and remove the claimant, a national of Nigeria born on 5 April 1962, during a period whilst he was seeking to obtain residence rights in the UK pursuant to the Immigration (European Economic Area) Regulations 2006 Alice Robertson HHJ [2015] EWHC 1790 … Continue reading Imafidon v Secretary of State for The Home Department: Admn 7 Apr 2015

AIT The applicant seeks judicial review in respect of part of a decision (‘the impugned decision’) by the Secretary of State for the Home Department (‘the respondent’ or ‘the SOSHD’) dated 20 November 2014, contained in a decision letter of that date, whereby the respondent certified his removal from the UK (‘the certification decision’) pending … Continue reading A, Re Judicial Review: QBNI 26 Jun 2015

UTAA Conduct of pre-decision interviews (i) A decision that a marriage is a marriage of convenience for the purposes of regulation 2(1) of the Immigration (European Economic Area) Regulations 2006 is a matter of some moment. Fairness requires that the affected person must be alerted to the essential elements of the case against him. (ii) … Continue reading Miah (Interviewer’s Comments: Disclosure: Fairness): UTIAC 10 Nov 2014

UTIAC (1) In EU law terms there is no reason why the decision in Zambrano could not in principle be relied upon by the parent, or other primary carer, of a minor EU national living outside the EU as long as it is the intention of the parent, or primary carer, to accompany the EU … Continue reading MA and SM (Zambrano : EU Children Outside EU) Iran: UTIAC 19 Jul 2013

UTIAC (1) A person may acquire qualifying residence for the purposes of exercising Treaty rights in respect of periods of residence arising before the UK became part of the European Community on 1 January 1973. (2) Similarly, a person may acquire qualifying residence in respect of periods of residence arising before the implementation of the … Continue reading Vassallo (Qualifying Residence; Pre-UK Accession): UTIAC 11 Apr 2014

UTIAC A non – EEA national family member travelling to the United Kingdom accompanied by the EEA national family member concerned for the purpose of a visit of not more than three months’ duration is entitled to enter, pursuant to regulations 11(2), 12(1) and 13(1) and (2) of the Immigration (European Economic Area) Regulations 2006, … Continue reading Bali (Family Member: 3 Month Visit : Syria): UTIAC 28 Oct 2013

The appellant sought the issue of a residence card in accordance with the provisions of the Immigration (European Economic Area) Regulations 2006 on the basis that he was the spouse of an EEA citizen exercising her treaty rights. [2014] UKAITUR IA198882013 Bailii Immigration (European Economic Area) Regulations 2006 England and Wales Immigration Updated: 16 December … Continue reading IA198882013: UTIAC 13 Jun 2014

UTIAC (1) Neither section 85A of the Nationality, Immigration and Asylum Act 2002 nor the guidance in DR (Morocco)* [2005] UKAIT 38 regarding a previous version of section 85(5) of that Act has any bearing on an appeal under the Immigration (European Economic Area) Regulations 2006. In such an appeal, a tribunal has power to … Continue reading Boodhoo (EEA Regs: Relevant Evidence) Mauritius: UTIAC 18 Jul 2013

UTIAC 1. Although the question whether Article 7(3) of Directive 2004/38/EC deals exhaustively with the circumstances in which a jobseeker can retain the status of a worker in EU law has been held by the Supreme Court in Saint Prix v Secretary of State for Work and Pensions [2012] UKSC 49 to require a reference … Continue reading Shabani v Secretary of State for The Home Department (EEA – Jobseekers; Nursery Education): UTIAC 24 Jun 2013

UTIAC 1) Typically, the focus in EEA appeals involving family members is on either or both (i) the nature of the relationship with the EEA national/Union citizen; and (ii) the question of whether the EEA national/Union citizen has been exercising Treaty rights in the UK over the relevant period. What constitutes the relevant period, however, … Continue reading Idezuna (EEA -Permanent Residence) Nigeria: UTIAC 24 Jan 2012

UTIAC (i) The deprivation of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizens identified in the decision in Zambrano [2011] EUECJ C-34/09 is limited to safeguarding a British citizen’s EU rights as defined in Article 20. (ii) The provisions of reg. 15A of the Immigration (European … Continue reading Ayinde and Thinjom (Carers – Reg15A – Zambrano): UTIAC 13 Aug 2015

UTIAC 1 The mere fact that a person is in the United Kingdom without lawful permission to work does not mean that he or she is to be considered as meeting the test of dependency under the Immigration (European . .

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AIT 1. Paragraphs (2)-(11) of reg 2 of the Accession (Immigration and Worker Authorisation) Regulations 2006 as amended identify 10 separate and free-standing situations in which an A2 national (a national of . .

The Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regs’) specifically excluded a right of appeal for Extended Family Members (‘EFMs’). The 2016 Regs have been amended pursuant to the Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019, with effect from 29th March 2019, so as to provide EFMs with a right of appeal. … Continue reading Banger (EEA: EFM – Right of Appeal : South Africa): UTIAC 10 Apr 2019

This appeal raises the question whether time spent by a man in a durable relationship with a woman who is an EEA national with a permanent right of residence in the United Kingdom can be added to subsequent time as a spouse to meet the requirement of 5 years continuous lawful residence before the man … Continue reading Macastena v Secretary of State for The Home Department: CA 5 Jul 2018