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Family members of EEA workers and self employed

An overview of the rights of family members of workers and self-employed people.

EEA workers and self-employed people (including those who are retired or incapacitated workers) have a right to have their family members, and in certain cases 'extended family members', reside with them in the UK. This is regardless of the nationality of the family member.

The family member's entitlement to homelessness assistance will mirror that of the EEA worker or self-employed person.

This content applies to Scotland

Family member

A family member of an EEA worker/self-employed person is defined as: [1]

  • a spouse or civil partner

  • a direct descendant aged under 21 (for example child or grandchild) of the worker/self employed person or her/his spouse or civil partner

  • a direct dependent descendant aged 21 or over of the worker/self employed person or her/his spouse or civil partner

  • a dependent direct relative in the ascending line (for example parent or grandparent) of the worker/self employed person or her/his spouse or civil partner

  • an extended family member who has been issued with a EEA family permit, registration certificate or residence card, and continues to meet the conditions for that documentation.

Adoptive children

Adoptive children are classed as ‘direct descendants’ of the worker/self employed person or her/his spouse or civil partner, as long as the adoption arrangements are recognised as valid in the UK. If not, such in the case of a child placed in the EEA national’s care under a kafala agreement which under Islamic law is akin to guardianship but does not give rise to a parent-child relationship under UK law, subject to certain conditions adoptive children aged under 18 are classified as 'extended family members'. [2]

Siblings

Brothers and sisters do not qualify as family members; in one case it was held that legal guardianship did not create a parental relationship between them even when one of them was granted legal guardianship of the other after the death of their parents. [3]

Extended family member

An 'extended family member' of an EEA worker/self employed person is defined as: [4]

  • a dependent child aged under 18 living as part of her/his household under a non-adoptive legal guardianship order not recognised under UK law but valid under the law in which the order was made in favour of the EEA worker/self-employed parson

  • a dependent relative of the EEA national who, before accompanying or joining the EEA national in the UK, was either dependent on the EEA national or living as part of her/his household in the same EEA State [5]

  • a relative of the EEA national with a serious health problem needing care from the EEA national or from her/his spouse/civil partner

  • a dependent relative of the EEA national who would satisfy the requirements for indefinite leave to enter or remain under the immigration rules her/his partner in a 'durable' relationship or her/his partner's children aged under 18. This will not apply if the EEA worker/self-employed person already has a spouse, civil partner or durable partner living in the UK and that relationship subsist

'Relative of the EEA national' includes relatives of her/his spouse or civil partner living in the UK and in possession of a registration certificate, residence card or EEA family permit confirming their right to reside as an extended family member. [6]

When considering an application from an extended family member, an extensive examination of her/his personal circumstances must include: [7]

  • her/his best interests, particularly if s/he is a child

  • her/his character and conduct

  • whether an EEA national would be deterred from exercising free movement rights if the application was refused.

Residence documents for extended family members

The issue of a registration certificate, residence card or EEA family permit confirming the right to reside of an extended family member is discretionary. [8]

In the exercise of that discretion, matters relating to how and when an extended family member arrives in the host country (ie legally or illegally, before or after the EEA national sponsor) are relevant and can be taken into consideration. [9]

When applying for a residence card, there is no requirement for an extended family member of an EEA national sponsor to have arrived in the UK after, or simultaneously with, the EEA national. [10]

Where an extended family member has been validly issued with an EEA family permit by the entry clearance officer in her/his country of origin, s/he must be treated as a family member, and the issue of a residence card confirming her/his right to reside becomes compulsory. [11]

Dependency

Dependency means the family member needs the material support of the EEA worker/self-employed in order to meet her/his essential needs. [12]

Material support can refer to the provision of goods as well as cash. [13] However, irregular financial support and provision of rent free accommodation will not in itself constitute dependency unless the family member needs this to meet her/his essential needs. [14]

Emotional bonds, for example between a mother and child, will not make a person dependent in EU law. [15] Neither will 'linguistic support', assisting an applicant in dealing with translation, medical appointments and forms. [16]

Dependency or household membership can only relate to the EEA national, not dependence on or family membership of a spouse or civil partner of the EEA national. [17]

There is no requirement that the family member has been dependent on the EEA national in her/his country of origin or that s/he has sought work or is likely to find work in the UK. (except for some 'extended family members') [18]

Homelessness assistance: eligibility of a family member

A family member's right to reside and eligibility for homelessness assistance 'mirrors' that of the EEA national to whom they are related for as long as they remain a family member. If the EEA national is eligible, then her/his family member is also eligible.

In some cases, the family member retains a right to reside and eligibility even if they cease to be a family member following divorce/dissolution of civil partnership, or the death or departure from the UK of the EEA national (see below).

A family member does not have to be an EEA national to be eligible for housing assistance. The rights of the family members of qualifying EEA workers and self-employed people extend to non-EEA nationals.

Family members of British citizens returning to the UK: 'Surinder Singh' route

Non-EEA 'family members and 'extended family members' of British citizens cannot normally acquire a right to reside in the UK under EU rules – most of them have to rely on the domestic immigration law to obtain leave to enter or remain in the UK.

However, in certain circumstances a British citizen may be treated as if s/he was an EEA national exercising EU free movement rights in the UK. [19] If this is the case, under certain conditions her/his 'family members' and 'extended family members' will have a right to reside in the UK under EU law - this is commonly referred to as the Surinder Singh route. [20] For this to apply, the following conditions must be met.

Condition 1: residence conditions prior to returning to the UK (returning British citizen)

For a 'family member' or 'extended family member'  to qualify for a right to reside in the UK under the Surinder Singh route, the British citizen must have: [21]

  • resided in another EEA state for at least three months as a qualified person, ie as a worker, self-employed person, self-sufficient person or student immediately before returning to the UK (if the British citizen was self-sufficient or a student, s/he must have held comprehensive sickness insurance for themselves and any family members), or

  • acquired a permanent right to reside in another EEA state.

The Upper Tribunal has stated that in order to qualify, the British national must have been exercising treaty rights in the other EEA state under European law and that her/his residence must therefore have been at a time that the UK was a member of the EEA (from 1 January 1973). [22]

Condition 2: residence conditions prior to returning to the UK (family members)

Family members or extended family members of British citizens who meet the criteria listed in Condition 1 can acquire a right to reside in the UK if: [23]

  • they lived with the British citizen in another EEA state

  • joint residence there was genuine, and not to circumvent UK immigration rules

  • they were 'family members' or 'extended family members' of the British citizen during all or part of their join residence in the other EEA State, and

  • genuine family life was created of strengthened during their joint residence in the other EEA State.

Condition 3: returning British citizen must be a qualifying person after returning to the UK

On return to the UK, the British citizen must engage in an activity that makes them a qualified person within the meaning of EU law, for example become economically active or self-sufficient. A ‘grace period’ of up to three months is allowed (see below).

Home Office guidance Free movement rights: family members of British citizens clarifies that:

  • the British citizen does not need to be a qualified person in their initial three months after returning to the UK in order to 'sponsor' their family member, but must meet this requirement thereafter

  • in order for the British citizen to be considered a qualified person as a student or a self-sufficient person in the UK, the family member must hold comprehensive sickness insurance. The insurance does not need to cover the British citizen

  • to qualify as a jobseeker, the British citizen must show that s/he is seeking employment and has a genuine chance of securing it. S/he does not need to show that they entered the UK to find work and there is no time limit on their jobseeking.

Where the family member was issued with EEA residence documentation in the UK before 25 November 2016, this must be accepted as proof that the British citizen was a qualifying person in the UK in accordance with the Immigration (European Economic Area) Regulations 2006 up to and including 26 November 2016.

Genuine residence

Factors to be taken into consideration when deciding if residence in another EEA member state is/was 'genuine' include: [24]

  • whether the British citizen transferred her/his centre of life there

  • the length of joined residence in that EEA state

  • the nature and quality of the household's accommodation there, and whether this is/was the British national's principal residence

  • the degree of their integration in that EEA member state

  • whether the family member/extended family member’s first lawful residence in the EU with the British citizen was in that EEA state.

The Home Office guidance states that a family member should not be refused a residence card solely because the purpose of setting up a residence in another member state was to avoid UK immigration rules, provided that the residence was genuine.

The European Court of Justice held that to have a right under the Surinder Singh route: [25]

  • residence cannot be based exclusively on the initial right to reside

  • during the period of joint residence, family life must have been 'created or strengthened'

  • weekend visits and holidays do not count as residence for this purpose.

Process

Where a family member of a British citizen wishes to enter the UK under the Surinder Singh route, the family member should apply for a residence permit to enter and remain in the UK. If successful, they will not have to satisfy the minimum income requirement, sit an English language test, or pay a health surcharge.

To assess the application, the Home Office guidance suggests it will:

  • verify the family member's eligibility and the British citizen's eligibility to sponsor the application

  • establish whether the British citizen has exercised treaty rights in another EEA country

  • determine whether residence in the EEA country was genuine

  • determine the purpose of the residence in the other EEA country

  • decide the application.

The derived right of facilitation of non-EU nationals in a durable relationship with British nationals returning to the UK after exercising their right of free movement under Article 21(1) TFEU is not dependent on the non-EU national obtaining a residence document under Article 3(2) of the Citizenship Directive in the Member State where the durable relationship with the British national was formed or strengthened - any decision of that Member State's immigration authorities, for example a VISA under domestic immigration law, will suffice. The refusal of an application under Article 3(2) of the Directive in that Member State may be a relevant consideration for the UK immigration authorities, but not a determinative factor as it will still be necessary for the UK to examine the personal circumstances of the non-EU durable partner, and it would not be open to the UK to adopt a general policy to that effect. [26]

Transitional rules

From 25 November 2016, the 'genuine residence' test replaced the 'centre of life' test that applied between 1 January 2014 and 24 November 2016. Transitional provisions applied when the 'centre of life' test was introduced on 1 January 2014. Where an application under the transitional arrangements was refused, a further application must be considered in accordance with the 'genuine residence' test.

Family members of dual British/EEA nationals

A dual British/EEA national is treated as an EEA national, and her/his family members have the same rights as family members of EEA qualified nationals, if: [27]

  • s/he is a national of an EEA State, and

  • s/he is also a British citizen, and

  • prior to acquiring British citizenship, s/he exercised a permanent or extended right to reside in the UK.

Note that for the above to apply:

  • the EEA national's original Member State must have joined the EU before her/his acquisition of British citizenship, and

  • the EEA national must have been a qualified person at the time of the acquisition of the British citizenship, and never have lost such status since.

Guidance

Decision makers guidance and Free movement rights: family members of British citizens provide further government guidance.

Loss of family member status/right to reside

In some circumstances, a person may lose family member status. This can have consequences for acquiring a permanent right to reside, which depends on continuous lawful residence in the UK. Any period in which a person did not have a right to reside as a family member does not count as 'lawful' residence for the purpose of acquiring a permanent right to reside (see Five years residence for more information).

In one case, [28] the Court of Appeal held that the non-EEA national daughter of an EEA worker who, for a period of four months after reaching the age of 21 was not dependent on the EEA worker, lost her right to reside as a family member for that period. As a result she had not lived lawfully for a continuous period of five years in the UK, and therefore did not acquire a permanent right to reside. A person in this situation should seek advice on applying for indefinite leave to remain.

Retaining the right to reside

In some circumstances, a family member of a worker or self-employed person may retain her/his right to reside.

On death of worker/self-employed

Where an EEA worker/self-employed person/person with permanent right to reside has died, her/his family member, of any nationality, will have a permanent right to reside and be automatically eligible for homelessness assistance if s/he resided with the deceased worker/self-employed person/person with permanent right to reside immediately before her/his death and: [29]

  • the deceased had resided continuously in the UK for at least two years immediately before death, or

  • the death was the result of an accident at work or an occupational disease.

If the above does not apply on the death of the EEA worker/self-employed person/person with permanent right to reside, her/his non-EEA family member will retain the right to reside in the UK if the family member lived in the UK for at least the year immediately before the death of the worker/self-employed/person with permanent right to reside, and is her/himself: [30]

  • a worker

  • a self-employed person

  • a self-sufficient person, or

  • the family member of one of the above.

On departure from UK

A direct descendant of a worker/self-employed person/person with a permanent right to reside (or of their spouse/civil partner) retains the right to reside in the UK if that descendant was on an educational course at the time their relative died or left the UK, and continues on that course. [31]

Following relationship breakdown

On separation or breakdown, a spouse (ie a married partner) or a civil partner will retain her/his right to reside until formal divorce or termination, even if s/he no longer lives in the same household as the EEA national who is working/self employed or has a permanent right to reside. [32]

On divorce or termination of the civil partnership

A family member of an EEA national who is her/himself an EEA citizen will have to rely on her/his own status in order to have a right of residence. S/he might be a qualified person (for example as a worker or self-employed) or have gained a permanent right of residence. The Upper Tribunal has confirmed that this requirement is not contrary to European law. [33]

A non-EEA family member will retain her/his right to reside if s/he: [34]

  • resided in the UK at the time of the divorce/termination, and

  • is working, self-employed or self sufficient, or is the family member of another person who is working, self-employed or self sufficient (this does not need to be an EEA national), and

  • either:

    - the marriage/civil partnership had lasted at least three years, and the spouses/partners had lived in the UK for at least one year during its duration

    - the former spouse/civil partner has custody of a child of the relationship

    - the courts have ordered that s/he has the right of access to a child of the relationship and that access must take place in the UK, or

    - the continued right to reside is warranted by particularly difficult circumstances, such as the family member was a victim of domestic violence whilst the marriage/civil partnership existed.

Case law has established that in order for the non-EEA national ex-spouse or ex-civil partner to retain a right to reside after three years of marriage and where there are particularly difficult circumstances, the EEA national must have resided in the UK and been a qualified person at the date of commencement of proceedings for divorce or dissolution of the civil partnership. [35] It is not necessary, however, for the EEA national to be a qualified person in the UK until the date the divorce or dissolution is finalised. [36] This is likely also to apply in the cases of access to children.

Primary carers of children in education (Baumbast/Ibrahim)

Under EU law, a child of an EEA worker has the right to enter into the UK’s educational system and an independent right to reside for the purpose of accessing and continuing her/his education here. [37] The child’s primary carer whose presence is necessary for the child to be able to continue her/his education in the UK [38] will have a derivative right to reside, provided s/he is habitually resident in the Common Travel Area. [39]

This right is sometimes referred to as a ‘Baumbast’ or ‘Ibrahim’ right to reside and continues until completion of the child's education, or until the child reaches the age of 18 (whichever is earlier), unless the child continues to require the presence of that parent/carer to complete her/his education after s/he turns 18. [40]

Note that this right does not count as a qualifying period for the purpose of establishing a permanent right to reside (see the page 'Five years residence'). [41]

In order for the applicant to have this derivative right to reside, the following conditions must be met:

  • the child is in education, and

  • the applicant is the child’s primary carer, and

  • the child is a child of an EEA worker

For a detailed explanation of each of the above points, please see below.

Condition one: Child in education

There is no requirement that the child is in education in the UK at the same time when her/his EEA parent is a worker here, as long as the child has been resident in the UK at some point during the EEA national's employment. [42]

Nursery education is excluded, therefore this right to reside does not benefit parents/primary carers of children who attend nursery. [43]

Condition 2: Child's primary carer

The courts held that an EEA worker who is the mere cohabiting partner (as opposed to the legally recognised spouse or civil partner) of the primary carer, but not the parent of the child in education, cannot confer upon the primary carer of that child the necessary worker status for her/him to be able to acquire a derivative right to reside under these provisions of EU law. [44]

This derivative right to reside can be obtained by either parent, including the EEA parent who has been a worker in the UK, as long as s/he is the child's primary carer. [45]

For more information about the meaning of ‘primary carer’, please see the relevant section below.

Condition 3: Child of an EEA worker

This derivative right to reside benefits primary carers of children of any nationality, including a child who is a British national, as long as the child's EEA parent has been a worker in the UK at some point when the child was resident here. [46]

This derivative right to reside does not apply to the primary carer of a child of an EEA national who is/was self-employed. [47]

The primary carer’s right to reside continues even after the EEA parent’s departure from the UK or her/his death, or after s/he has ceased to work. [48]

The right to access education in the UK does not extend to the grandchild of an EEA national worker, thus, unlike an EEA parent, an EEA grandparent cannot obtain a derivative right to reside as a primary carer based on her/his own worker status. [49]

Former ‘accession’ countries (A8, A2 and Croatia)

This right also applies to A8, A2 or Croatian nationals who were registered/authorised workers at some point when restrictions on their employment applied but who stopped working before they completed 12 months' employment in the UK, who have children in school in the UK. [50]

Family members providing essential childcare

In certain circumstances, a non-EEA national who is a family member of a British citizen living in the UK but travelling often to other Member States for work may be able to establish a derivative right of residence under Article 45 TFEU when s/he provides essential childcare for the family. [51] The European Court of Justice held that Article 45 TFEU must be interpreted as conferring on a third-country national who is the family member of a Union citizen a derived right of residence in the Member State of which that citizen is a national, where the citizen resides in that Member State but regularly travels to another Member State as a worker, if the refusal to grant such a right of residence discourages the worker from effectively exercising her/his rights of free movement within the EU.

For the above to apply:

  • the decision maker will need to assess the particular childcare needs of the household in light of all relevant circumstances and determine whether the absence of adequate provision for the childcare of the child of the EEA citizen may be a factor capable of discouraging that EEA citizen from effectively exercising her/his free movement rights under Article 45 TFEU

  • the non-EEA national claiming to have a derivative right of residence under Article 45 TFEU must establish a causal link between the absence of adequate childcare and the interference with the effective exercise by the EU citizen of her/his free movement rights

  • the EEA citizen must show that genuine and reasonable steps taken to find alternative childcare provision have been unsuccessful.

Zambrano carers

A Zambrano carer is a non-EEA national who is the primary carer of (or shares equally the responsibility of caring for) a dependant British national (a minor child or a vulnerable adult) who would be unable to remain in the EEA, including the UK, if her/his primary carer was required to leave the EEA. This is a complex area of law and advisers may find it useful to speak with a specialist solicitor or seek advice from CPAG- Advice Line, if they believe their client may meet the criteria.

Chen cases: self-sufficient dependants

A Chen case is a non EEA national who is the primary carer of a dependant EEA national who: [52]

  • is under 18, and

  • self-sufficient, and

  • would be unable to remain in the UK if her/his primary carer was required to leave the UK.

A self-sufficient person is defined as a person who has sufficient resources not to become a burden on the social assistance system and has comprehensive sickness insurance cover in the UK. The Court of Justice of the European Union held that a child who relies on financial resources generated by a parent working without a work permit may be considered self-sufficient. [53]

Normally, the parent's act of applying for homelessness would suggest that the child will not be self-sufficient and the parent will no longer have the right to reside. However, the local authority will have to decide whether a homelessness application would amount to a burden on the state’s social assistance. As such an applicant could be eligible for assistance, for example, if fleeing violence or is homeless due to an emergency such as a flood or fire where s/he has financial resources but is unable to secure accommodation quickly.

A Chen case has a derivative right to reside in the UK.

Primary carer

A primary carer is defined as a direct relative or legal guardian who has primary responsibility for the child's care, or who shares this responsibility equally with another person who does not have a more substantive right to reside in the UK. [54]

Permanent residence

The family member (of any nationality) of an EEA national will acquire a permanent right to reside after five years' continuous lawful residence in the UK. [55] For more information see Five years' residence.

Periods of residence in the UK as a result of the derivative right of residence do not constitute lawful residence for the purposes of acquiring a permanent right of residence. [56]

Last updated: 4 December 2019

Footnotes

  • [1]

    reg 7 Immigration (European Economic Area) Regulations 2016 SI 2016/1052

  • [2]

    reg.3 Adoptions (Recognition of Overseas Adoptions) (Scotland) Regulations 2013 SSI 2013/310; reg. 8(1A) Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2019 SI 2019/1155; SM (Algeria) v Entry Clearance Officer, UK Visa Section [2019] CJEU C-129/18.

  • [3]

    MS v Secretary of State for Work and Pensions (IS) [2016] UKUT 348 (AAC)

  • [4]

    reg 8 Immigration (European Economic Area) Regulations 2016 SI 2016/1052

  • [5]

    reg 8(2) Immigration (European Economic Area) Regulations 2016 SI 2016/1052; Dauhoo (EEA Regulations - reg 8(2)) Mauritius [2012] UKUT 79 (IAC); Moneke and others (EEA - Other family members (OFMs)) Nigeria [2011] UKUT 341 (IAC); Ihemedu (OFMs - meaning) Nigeria [2011] UKUT 340 (IAC); Oboh and others v Secretary of State for the Home Department [2013] EWCA Civ 1525.

  • [6]

    see reg 8(7) Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2019 SI 2019/1155.

  • [7]

    reg.8(8) Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2019 SI 2019/1155.

  • [8]

    see regs 12, 17 and 18 Immigration (European Economic Area) Regulations 2016 SI 2016/1052; Moneke and others (EEA - OFMs) Nigeria [2011] 341 (IAC); Ihemedu (OFMs - meaning) Nigeria [2011] UKUT 340 (IAC)

  • [9]

    Moneke and others (EEA - OFMs) Nigeria [2011] 341 (IAC)

  • [10]

    Aladeselu and others v Secretary of State for the Home Department [2013] EWCA Civ 144

  • [11]

    Ewulo (effect of family permit - OFM) Nigeria [2012] UKUT 238 (IAC)

  • [12]

    Jia (Free movement of persons) [2007] EUECJ C-1/05; Centre public d'aide sociale de Courcelles v Marie-Christine Lebon, Case 316/85, [1987] ECR 2811

  • [13]

    Zhu and Chen v Secretary of State for the Home Department C-200/02 [2004] ECRI-11315

  • [14]

    SM (India) v Entry Clearance Officer (Mumbai), OQ (India), NQ (India) v Entry Clearance Officer (Mumbai) [2009] EWCA Civ 1426; EO (Nigeria) v Secretary of State for the Home Department [2014] EWCA Civ 1418; EO (Nigeria) v Secretary of State for hte Home Department [2014] EWCA Civ 1418

  • [15]

    Zhu and Chen v Secretary of State for the Home Department C-200/02 [2004] ECRI-11315; CIS/2100/2007

  • [16]

    SSWP v MF (SPC) [2018] UKUT 179 (AAC)

  • [17]

    Fatima and others v Secretary of State for the Home Department [2019] EWCA Civ 124; AA (Algeria) v Secretary of State for the Home Department [2014] EWCA Civ 1741; Soares v Secretary of State for the Home Department [2013] EWCA Civ 575; Pedro v Secretary of State for Work and Pensions [2009] EWCA Civ 1358.

  • [18]

    Reyes v Migrationsverket [2014] EUECJ C-423/12; Aladeselu v Secretary of State for the Home Department [2013] EWCA Civ 144; Moneke v Secretary of State for the Home Department [2011] UKUT 341 (IAC); RK (India) v Secretary of State for the Home Department [2010] UKUT 421 (IAC); Pedro v Secretary of State for Work and Pensions [2009] EWCA Civ 1358; Bigia v Entry Clearance Officer [2009] EWCA Civ 79.

  • [19]

    reg 9 Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2018 SI 2018/801; R (on the application of Benjamin) v Secretary of State for the Home Department [2016] EWHC 1626 (Admin)

  • [20]

    reg. 9(1) and (1A) Immigration EEA Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2018 SI 2018/801 and by reg. 3 Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 SI 2019/468; Banger (Unmarried Partner of British National: South Africa) [2017] UKUT 125 (IAC) for the UT reference, and Secretary of State for the Home Department v Banger (Citizenship of European Union - Rights of Union citizens to move and reside freely within the territory of the European Union - Judgment) [2018] EUECJ C-89/17.

  • [21]

    reg 9(2)(a) Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2018 SI 2018/801 and by reg. 3 Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 SI 2019/468; R (on the application of Benjamin) v Secretary of State for the Home Department [2016] EWHC 1626 (Admin).

  • [22]

    GA v SSWP (SPC) [2018] UKUT 172 (AAC).

  • [23]

    reg 9(2)(b)-(f) Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2018 SI 2018/801 and by reg. 3 Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 SI 2019/468 and by Immigration (European Economic Area) (Amendment) Regulations 2019 SI 2019/1155.

  • [24]

    reg 9(3) Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2018 SI 2018/801 and and reg. 3 Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 SI 2019/468.

  • [25]

    O v Minister voor Immigratie (Judgment of the Court) [2014] EUECJ C-456/12.

  • [26]

    Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378.

  • [27]

    See definition of EEA national in reg. 2(1) Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2018 SI 2018/801; Toufik Lounes v Secretary of State for the Home Department [2017] CJEU C-165/16; ODS v Secretary of State for Work and Pensions (UC) [2019] UKUT 192 (AAC).

  • [28]

    Secretary of State for the Home Department v Ojo [2015] EWCA Civ 1301.

  • [29]

    reg 15(1)(e) Immigration (European Economic Area) Regulations 2016 SI 2016/1052.

  • [30]

    reg 10(2) Immigration (European Economic Area) Regulations 2016 SI 2016/1052.

  • [31]

    reg 10(3) Immigration (European Economic Area) Regulations 2016 SI 2016/1052.

  • [32]

    Diatta v Land Berlin [1985] ECR 267; Amos v Secretary of State for the Home Department [2011] EWCA Civ 522; R (on the application of Santos) v Secretary of State for the Home Department [2016] EWHC 609 (Admin).

  • [33]

    GA v SSWP (SPC) [2018] UKUT 172 (AAC).

  • [34]

    reg 10(5)-(6) Immigration (European Economic Area) Regulations 2016 SI 2016/1052; Ahmed v Secretary of State for the Home Department [2017] EWCA Civ 99.

  • [35]

    reg 10(5)(a)-(b) Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2019 SI 2019/1155; Amos v Secretary of State for the Home Department [2011] EWCA Civ 552; AS (Ghana) v Secretary of State for the Home Department [2016] EWCA Civ 133.

  • [36]

    Singh and others v Minister of Justice and Equality [2016] EUECJ C-218/14; NA v Secretary of State for the Home Department and Aire Centre (Interveners) [2014] EWCA Civ 995; NA (Judgment) [2016] EUECJ C-115/15; Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088.

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    Article 10 of EU Regulation 492/2011 (which replaced Article 12 of EEC Regulation 1612/68); NA (Judgment) [2016] EUECJ C-115/15.

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    reg 16(4)(b) Immigration EEA Regulations 2016 SI 2019/1052/

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    reg 16 Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2018 SI 2018/801; Harrow LBC v Ibrahim [2010] ECJ C-310/38; Texeira v Lambeth LBC [2010] ECJ C-480/08; Baumbast v Secretary of State for Home Department [2003] EUECJ C-413/99; Secretary of State for Work and Pensions v Czop [2012] UKUT 351 (ACC); Secretary of State for Work and Pensions v Punakova [2012] UKUT 352 (ACC); NA (Judgment) [2016] EUECJ C-115/15.

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    Alarape and another v Secretary of State for the Home Department [2013] EUECJ C-529/11.

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    reg 15(2) Immigration EEA Regulations 2016 SI 2016/1052.

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    Bolton MBC v HY (HB) [2018] UKUT 103 (AAC); see DMG Memo 21/12, Department for Work and Pensions, May 2012 (this reversed the advice given by the DWP on this point in DMG Memo 30/10, and decisions made on that advice should be revised on the grounds of official error when brought to the attention of the decision maker); NA (Judgment) [2016] EUECJ C-115/15; Texeira v Lambeth LBC [2010] ECJ C-480/08.

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    reg 16(7)(a) Immigration EEA Regulations 2016 SI 2016/1052.

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    ONAFTS v Ahmed (Case C-45/12); IP v Secretary of State for Work and Pensions (IS) (Residence and presence conditions: right to reside) [2015] UKUT 691 (AAC).

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    See for example: Texeira v Lambeth LBC [2010] ECJ C-480/08; Harrow LBC v Ibrahim [2010] ECJ C-310/38.

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    (1) MDB (2) MADB (A Child) (3) GRDB (A Child by his litigation friend MDB) v Secretary of State for the Home Department [2012] EWCA Civ 1015; Secretary of State for Work and Pensions v RR [2013] UKUT 021 (AAC).

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    Secretary of State for Work and Pensions v (1) Czop (2) Punakova [2012] EUECJ C-147/11 and C-148/11; RM v Secretary of State for Work and Pensions (IS) [2014] UKUT 401 AAC; HMRC v IT (CTC) [2016] UKUT 252 (AAC); Hrabkova v Secretary of State for Work and Pensions [2017] EWCA Civ 794.

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    Texeira v Lambeth LBC [2010] ECJ C-480/0; Harrow LBC v Ibrahim [2010] ECJ C-310/38.

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    JS v Secretary of State for Work and Pensions (ESA) [2016] UKUT  0314 (AAC).

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    Secretary of Work and Pensions v JS (IS) [2010] UKUT 347 (AAC); DMG Memo 30/10, Department for Work and Pensions, May 2011.

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    LS (Article 45 TFEU – derivative rights) [2018] UKUT 00426 (IAC); EUECJ Case C-456/12 O and B v Minister voor Immigratie, Integratie en Asiel; EUECJ Case C-457/12 S and G v Minister voor Immigratie, Integratie en Asiel.

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    reg 16(2) Immigration (European Economic Area) Regulations 2016 SI 2016/1052; see also Zhu and Chen v Secretary of State for the Home Department C-200/02 [2004] ECRI-11315.

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    reg 4(1)(c) Immigration (European Economic Area) Regulations 2016 SI 2016/1052; Ermira Bajratari v Secretary of State for the Home Department CJEU C-93/18 (2 October 2019)

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    reg 16(8) Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2018 SI 2018/801.

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    reg 15(1)(a)-(b) Immigration (European Economic Area) Regulations 2016 SI 2016/1052; Ahmed v Secretary of State for the Home Department [2013] UKUT 89 (IAC).

  • [56]

    reg 15(2) Immigration (European Economic Area) Regulations 2016 SI 2016/1052; Okafor and others v Secretary of State for the Home Department [2011] EWCA Civ 499.