UTIAC (1) It is clear that income from illegal employment in the host Member State on the part of a parent of a ‘Chen’ child (Case c-200/02 Chen [2004] ECR I-9925) cannot create self-sufficiency for that child (W (China) and X (China) [2006] EWCA Civ 1494).
(2) The proposition in MA and Others (EU national: self-sufficiency; lawful employment) [2006] UKAIT 00090 and ER and Others (EU national; self-sufficiency; illegal employment) [2006] UKAIT 00096 that even lawful employment cannot create such self-sufficiency, where the parent is on limited leave or temporary admission, must be regarded as doubtful, in the light of Metock and Others [2008] EUECJ C-127/08 and Liu and Ors v SSHD [2007] EWCA Civ 1275.
(3) It is, however, part of the binding ratio in Liu that lawful employment undertaken by a parent whose leave has been extended under section 3C of the Immigration Act 1971 cannot create self sufficiency for the ‘Chen’ child.
Judges:
Storey, Peter Lane UTJJ
Citations:
[2013] UKUT 178 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 19 November 2022; Ref: scu.473033
