This appeal raises the question whether time spent by a man in a durable relationship with a woman who is an EEA national with a permanent right of residence in the United Kingdom can be added to subsequent time as a spouse to meet the requirement of 5 years continuous lawful residence before the man can himself acquire a permanent right of residence. The answer is that time so spent cannot be added unless the Secretary of State for the Home Department has (or perhaps ought to have) issued the man with a residence card as an ‘extended family member’, pursuant to the Immigration (European Economic Area) Regulatio ns 2006 (‘the 2006 Regulations’). The answer to this question is important for foreign criminals with ordinary rights of residence who can only be deported ‘on grounds of public policy or security’; if, however, they have a permanent right of residence they can only be deported on ‘serious grounds of public policy or security’.
Citations:
[2018] EWCA Civ 1558
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 25 April 2022; Ref: scu.619391