(i) An EEA national exercising Treaty rights in the United Kingdom is not ‘settled’ within the compass of section 1(1) of the British Nationality Act 1981 since such person’s lawful residence is conditional upon remaining economically active: Gal affirmed.
(ii) The statutory phrase ‘the immigration laws’ does not encompass the EU rules on free movement: Gal modified.
(iii) Being ordinarily resident in the United Kingdom does not confer the status of British nationality.
(iv) The dichotomy of persons lawfully present in the United Kingdom under (a) the EEA Regulations 2006 and (b) the Immigration Rules is reflected in paragraph 5 of the latter.
(v) The question of whether a person is ordinarily resident in the United Kingdom is one of fact and degree.
Citations:
[2017] UKUT 162 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 31 January 2022; Ref: scu.588784
