HB (EEA Right To Reside, Metock) Algeria: AIT 15 Sep 2008

AIT 1. The ruling of the European Court of Justice in Metock (Case C-127/08 judgment 25 July 2008, [2008] EUECJ C-127/08) establishes that a third-country national in the United Kingdom who is a family member of an EEA national (Union citizen) exercising Treaty rights here, is entitled to a right of residence on the basis of the family relationship alone. That right is not subject to a requirement of lawful residence.
2. However, this ruling does not mean that there is any change in the approach to deciding EEA appeals involving such family members. Such appeals have to be decided (as before) under the Immigration (European Economic Area) Regulations 2006 (‘the 2006 Regulations’). Where the respondent’s decision is to refuse to issue a residence card, the appellant, to succeed, must show not only that he has a right of residence under reg 14(2) but that the respondent is obliged to issue a residence card under reg 17.
3. Where the family member is the spouse or civil partner of a United Kingdom national, he or she must first fulfil the conditions set out in reg 9. If the conditions set out in reg 9 are fulfilled, the family member must meet the requirements set out in the 2006 Regulations as they apply to family members of EEA nationals exercising Treaty rights.
4. Whether a person can succeed in establishing a right of residence as a family member will depend, inter alia, on (i) that person establishing that the family relationship is genuine and on whether (if invoked by the respondent) there are valid (ii) public policy (reg 21) or (iii) fraud grounds for denying him or her that right.

Storey J
[2009] Imm AR 38, [2008] UKAIT 00069
England and Wales
CitedMetock And Others v Minister for Justice, Equality and Law Reform ECJ 25-Jul-2008
ECJ Directive 2004/38/EC – Right of Union citizens and their family members to move and reside freely in the territory of a Member State – Family members who are nationals of non-member countries – Nationals of . .

Lists of cited by and citing cases may be incomplete.


Updated: 10 November 2021; Ref: scu.277831