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
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
Judges: Lord Justice Hooper Citations: [2012] EWCA Civ 1015, [2012] 3 CMLR 43 Links: Bailii Statutes: Immigration (European Economic Area) Regulations 2006 15 Jurisdiction: England and Wales Immigration, European Updated: 09 June 2022; Ref: scu.525574
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
(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
Challenge to power of the SS to detain the claimant a national of the European Economic Area pending a decision to deport. The claimant was a third country national married to an EU national. He was detained pending deportation on the grounds of public policy after criminal convictions. He aid that the pwer granted to … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: Admn 15 Mar 2013
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
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016
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
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
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
Whether the Immigration (European Economic Area) Regulations 2006 (S.I. 2006 No. 1003) (‘The EEA Regulations’) provide a lawful basis for denying the Claimants the rights they would have were they non-EEA citizens (i) to apply whilst in the United Kingdom for revocation of the deportation orders made against them, and (ii) to appeal whilst in … Continue reading Byczek and Another, Regina (on The Application of) v Secretary of State for The Home Department: Admn 19 Dec 2014
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
This appeal concerns the relationship between the deportation provisions of the UK 2007 Act, the provisions relating to deportation of EEA nationals contained in the 2006 Regulations, and the Secretary of State’s policy relating to deportation of Irish nationals. Citations: [2018] EWCA Civ 1329 Links: Bailii Statutes: Borders Act 2007, Immigration (European Economic Area) Regulations … Continue reading Connell, Regina (on The Application of) v Secretary of State for The Home Department: CA 15 Jun 2018
The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her work before registration. It was additionally argued that a national measure adopted … Continue reading Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019
Immigration case concerning the proposed deportation of the appellant, who has a right of permanent residence in the UK. Judges: Sals, Newey LJJ Citations: [2017] EWCA Civ 1715 Links: Bailii Statutes: Immigration (European Economic Area) Regulations 2006 Jurisdiction: England and Wales European, Immigration Updated: 01 April 2022; Ref: scu.598465
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
1. Schedule 1, paragraph 1 (d) of the Immigration (European Economic Area) (Amendment) Regulations 2012 (SI 2012/1547) amended the definition of EEA national to exclude those who are also British Citizens, but that change was subject to the transitional provisions set out in Schedule 3 of those regulations. Similar provisions were added to the Immigration … Continue reading Tm (Eea Nationals – Meaning; Ni Practitioners : Zimbabwe): UTIAC 14 Mar 2017
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
Moore-Bick VP, Lewison, Kitchin LJJ [2015] EWCA Civ 1301 Bailii Immigration (European Economic Area) Regulations 2006 England and Wales Immigration, European Updated: 08 January 2022; Ref: scu.557089
Appeals by the Secretary of State against decisions of the Upper Tribunal raising questions concerning the application of Regulation 21 of the 2006 Regulations. Moore-Bick VP CA, Davis, Sharp LJJ [2015] EWCA Civ 1245 Bailii Immigration (European Economic Area) Regulations 2006 England and Wales Immigration, European Updated: 07 January 2022; Ref: scu.556459
‘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
Moore-Bick VP CA, Underhill, Vos LJJ [2015] EWCA Civ 1198 Bailii Immigration (European Economic Area) Regulations 2006 England and Wales Immigration, European Updated: 07 January 2022; Ref: scu.556232
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
The Court was asked two questions, first as to its jurisdiction according to the meaning of an ‘EEA Decision’ within the 2006 Regulations, and second as to the position under the Directive of a child who is a third country national but has been placed in the legal guardianship of European Union citizens under the … Continue reading SM (Algeria) v Entry Clearance Officer, UK Visa Section: SC 14 Feb 2018
An individual who has acquired the status of worker for the purposes of article 45 (ex Article 3) TFEU) (and thus regulation 4 (1) (a) of the Immigration (European Economic Area) Regulations 2006) only through being a jobseeker, who is a qualified person under regulation 6(1)(a), does not retain the status of worker on ceasing … Continue reading Yusuf (EEA – Ceasing To Be A Jobseeker; Effect): UTIAC 15 Jul 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
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
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
Application for leave to apply for Judicial Review of a decision by the proposed respondent to certify him under Regulation 24AA of the Immigration (European Economic Area) Regulations 2006 Treacy J [2015] NIQB 12 Bailii Immigration (European Economic Area) Regulations 2006 24AA Northern Ireland, Immigration Updated: 29 December 2021; Ref: scu.544876
The Entry Clearance Officer appealed from a decision that a child assigned to be under guardianship under the Islamic ‘kefalah’ system in her own country was to be treated on the basis that she did fall within the definition of ‘extended family member’ under regulation 8. The case was therefore returned to the Secretary of … Continue reading SM (Algeria) v Entry Clearance Officer, UK Visa Section: CA 4 Nov 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. The spouse of an EEA national/Union citizen does not acquire a retained right of residence upon divorce unless the EEA national was in the United Kingdom and exercising Treaty rights at the date of the lawful termination of the marriage: Amos [2011] EWCA Civ 552 followed.2. The principles established by the Court of … Continue reading Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013
The appellant sought to challenge an order for his detention pending his deportation by the respondent. A national of a non EU state he had married an EU national resident in the UK. He had been convicted of offences here and detained pending deportation on grounds of publicpolicy. Held: the Court of Appeal dismissed the … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: CA 10 Dec 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
The claimant had been imprisoned whilst in the UK. He claimed the protection of European law to protect him against a deportation order. Held: The claimant could not count the time he had served in prison toward the time spent in the UK to calculate his entitlement to stay here. ‘Residence’ in the Regulations means … Continue reading HR (Portugal) v Secretary of State for the Home Office: CA 5 May 2009
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
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