MM (Section 117B – EU Citizen Child): UTIAC 8 Jun 2020

1. The definition of ‘qualifying child’ contained in section 117D(1) of the Nationality, Immigration and Asylum Act 2002 does not include an EU citizen child resident in the United Kingdom for less than seven years.
2. The non-inclusion of EU citizen children resident for less than seven years in the definition of ‘qualifying child’ does not breach the EU law prohibition against discrimination on grounds of nationality.

[2020] UKUT 224 (IAC)
England and Wales


Updated: 19 November 2021; Ref: scu.653926