UTIAC The judgment in Pedro [2009] EWCA Civ 1358 establishes that in respect of family members who are dependent direct relatives as defined by Article 2.2(d) of Directive 2004/38/EC, proof of dependence in the host Member State (the United Kingdom) can suffice for them to qualify for a right of residence. However, this judgment does not have application to the case of ‘Other family members’ (OFMs) as defined by Article 3.2(a) of the Directive. In order to establish a right of residence the latter are required to show both dependence in the country from which they have come and dependence in the UK.
Judges:
Storey J
Citations:
[2010] UKUT 380 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 25 August 2022; Ref: scu.425497