Category: Immigration

GN (EEA Regulations: Five Years’ Residence) Hungary: IAT 26 Jun 2007

IAT (1) The word ‘legally’ in Article 16 of the Citizens Directive is to be construed as a reference to requirements of European law: it does not mean ‘in accordance with national law’. (2) The requirement in reg 15(1)(a) of five years’ residence in the UK ‘in accordance with these Regulations’ is not contrary to any rights given by the Directive and means what it says (as supplemented by the Transitional Provisions in Schedule 4). Thus, a period of residence by a person not exercising a right under the 2000 or 2006 Regulations at that time cannot count towards the five years.
C M G Ockelton DP
[2007] UKAIT 00073
Bailii
England and Wales

Updated: 12 September 2021; Ref: scu.258619