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.
Citations:
[2011] UKUT 253 (IAC)
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Aladeselu and Others v Secretary of State for The Home Department CA 1-Mar-2013
. .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 15 September 2022; Ref: scu.441714
