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Residence rights of the parents of an EEA national child

EU Free Movement rights


Residence rights of the parents of an EEA national child

Parents of EEA national children have derivative right of residence in the UK - they need to demonstrate self-sufficiency of the whole family before their right to live and work is confirmed and this is likely to create an insurmountable obstacle for those who do not have an independent right of residence and employment at the time of the application.


CJEU judgment in Alokpa – parents of EEA national children

The Court of Justice of the European Union once again addressed the right of residence in the European Union of the parents of EU national children. In Alokpa C-86/12 the question before the court was whether self-sufficiency of the family was a prerequisite to the right of residence in an EEA state which was not the country of nationality of the EEA national child. The applicant in this case was a Togolese national who since 2006 had been unsuccessfully seeking international protection in Luxembourg. In 2008 she gave birth to twins who were French nationals through their father. Mrs Alokpa sought


Right to permanent residence under the EEA Regulations – Babajanov (Azerbaijan) v SSHD

In IB (Azerbaijan) (Continuity of residence – EEA Regs) [2013] 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


Today Croatia became the 28th Member State of the European Union

On 1 July 2013 Croatia became the 28th Member State of the European Union. Croatian nationals will be able to live freely in Europe provided they do not become unreasonable burden on the public purse, but will need to obtain work authorisation if they wish to take up employment. Work authorisation is normally issued in the form of an Accession Worker Registration Certificate (“Purple Registration Certificate”). Croatians who had been working in the UK on 30 June 2013 and had done so for a continuous period of 12 months will be able to work in the UK without worker authorisation. Family members


Right of residence for primary carers of British citizens

A new statutory instrument (SI 2012/2560) amending the EEA Regulations will come into effect on 8 November 2012. The document will incorporate into the Regulations provisions confirming the right of residence in the UK for the primary carers of a British citizen thus giving effect to the ruling of the ECJ in Zambrano. Those who have previously made applications for a residence card on the basis of Zambrano but had their applications returned as invalid will now have an opportunity to reapply under the regulations and, if necessary, challenge a refusal in an Asylum and Immigration Tribunal. At the same time, new regulations have


EEA Regulations to be amended from 16 July 2012

Changes to Immigration (European Economic Area) Regulations were laid before Parliament on 22 June 2012 and will come into effect on 16 July this year. The Regulations aim to incorporate some rulings of the Court of Justice of the European Union, yet leave behind some of the most far reaching judgments, such as Zambrano – the right of residence for a primary carer of an EU national. The regulations introduce a new concept of “derivative right of residence”. This covers primary carer (a parent or legal guardian) of a self-sufficient EEA national child in education in the UK who would be unable to continue his course of studies


Dauhoo (EEA Regulations – reg 8(2)) Mauritius [2012] UKUT 79 (IAC)

EEA nationals who are exercising their Treaty right to free movement in the UK (in other words, who are employed, self-employed, studying or enjoying the life of financial independence in the UK) are allowed to bring their non-European national family members with them.  This right is an automatic one for ‘immediate family members’ which includes spouses, children under 21, dependent children over 21 and dependent direct relatives in the ascending line.  Other relatives may fall under the definition of ‘extended family members’ as per Regulation 8 of the Immigration (EEA) Regulations 2006. In order for an extended family member to enter the

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