UTIAC Regulation 15(1)(b) of the Immigration (European Economic Area) Regulations 2006 applies to those who entered a genuine marriage where both parties have resided in the United Kingdom for five years since the marriage; the EEA national’s spouse has resided as the family member of a qualified person or otherwise in accordance with the Regulations and the marriage has not been dissolved. The ‘residing with’ requirement relates to presence in the UK; it does not require living in a common family home.
Judges:
Blake P J, Storey, Perkins SIJJ
Citations:
[2011] UKUT 89 (IAC), [2011] Imm AR 413
Links:
Statutes:
Immigration (European Economic Area) Regulations 2006 15(1)(b)
Jurisdiction:
England and Wales
Immigration
Updated: 03 September 2022; Ref: scu.430364