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 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 and those who have arrived after the Union citizen/EEA national sponsor.
2. The 2006 Regulations do not impose a requirement that an OFM/extended family member must be present in the United Kingdom lawfully.
3. But in the context of the exercise of regulation 17(4) discretion as to whether to issue a residence card, matters relating to how and when an OFM/extended family member arrives in a host Member State are not irrelevant.
[2011] UKUT 253 (IAC)
England and Wales
Cited by:
Appeal fromAladeselu and Others v Secretary of State for The Home Department CA 1-Mar-2013
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Updated: 13 March 2021; Ref: scu.441714