In IB (Azerbaijan) (Continuity of residence – EEA Regs)  00513 (IAC) the Upper Tribunal overturned the decision of the First-tier tribunal in relation to the Appellant’s right to permanent residence under the EEA Regulations.
The Appellant came to the UK as a child on an EEA family permit together with his mother who was joining her EEA national husband in the UK. After slightly over four years of residence in the UK the Appellant and his mother went to Ireland where the Appellant’s mother remain for a period of 11 months but the Appellant remained in Ireland where he continued his education for a further period totalling 22 months before returning to the UK.
The First-tier tribunal refused the Appellant’s appeal against refusal of his application for permanent residence on the grounds that continuity of his residence had been interrupted by the absence in excess of 12 months.
The Upper Tribunal overturned this decision for the reason that permanent right of residence accrued to the Appellant while he was staying in Ireland at the time when his absence had not reached the 12 months cut off point. Since his absence did not exceed two years, the right to permanent residence had not been lost as a result of his absence from the UK.