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Family of workers and self-employed

This content applies to England

An overview of the right to reside and eligibility for housing assistance of family members of workers and self-employed people.

EEA workers and self-employed people, including those who are retired or incapacitated have a right to have certain 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 or an allocation of social housing will mirror that of the EEA worker or self-employed person.

Family members

The following people qualify as family members under EU law:[1]

  • spouse or civil partner
  • direct descendant under 21, for example child or grandchild of the EEA national or their spouse or civil partner
  • direct dependent descendant aged 21 or over of the EEA national or their spouse or civil partner
  • dependent direct relative in the ascending line, for example parent or grandparent of the EEA national or their spouse or civil partner
  • an extended family member, for example an unmarried partner, who has been issued with an 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 as long as the adoption arrangement is recognised as valid in the UK.

If the adoptive agreement does not give rise to a parent-child relationship under UK law, subject to certain conditions adoptive children aged under 18 are classed as 'extended family members'. An example if such an agreement is kafala, which under Islamic law is akin to guardianship.[2]

The Court of Appeal held that an adult child of an unmarried partner of an EEA national, where there was no biological or legal parent-child relationship between the EEA national and their step-child, could not be classed as a direct descendant.[3]

Siblings

Sisters and brothers 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.[4]

Extended family members in possession of relevant documentation

The following people qualify as family members, provided they have a registration certificate or a residence card from the Home Office confirming their right to reside:[5]

  • a dependent child aged under 18 living as part of the EEA national's household under a non-adoptive legal guardianship order not recognised under UK law but valid under the law of the country where the order was made in favour of the EEA national
  • a relative of an 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 their household in the same EEA state

    and who continues to be a member of the EEA national's household or continues to be dependent on the EEA national while residing in the UK[6]

  • a relative of the EEA national with a serious health problem who requires care from the EEA national or from their spouse or civil partner
  • a dependent relative of the EEA national who would satisfy the requirements for indefinite leave to enter or remain under the UK immigration rules
  • an unmarried partner in a 'durable' relationship and their children aged under 18, unless the EEA national already has a spouse, civil partner or durable partner living in the UK and that relationship subsists

'Relative of the EEA national' includes relatives of their 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.[7]

Extended family members will not be eligible for homelessness assistance or social housing unless they have a residence card or a certificate from the Home Office that confirms their right to reside.[8] See Right to reside for more information on residence documents.

The Home Office has discretion whether to issue this documentation, unless the entry clearance officer in the extended family member's country of origin has already issued the permit.[9]

Advising on applying to the Home Office is an immigration matter which can only be delivered by an immigration adviser authorised by the Office of the Immigration Services Commissioner (OISC) or a qualified solicitor.

The requirement to be dependent on the EEA national

Some family members, for example children aged 21 or over and direct relatives in the ascending line must be dependent on the EEA national in order to have rights as a family member under EU law. 

A family member is dependent if they need the material support of the EEA national in order to meet their essential needs.[10]

Any family member must be dependent on the EEA national, not on their spouse or civil partner.[11]

Material support can refer to the provision of goods as well as cash.[12] Irregular financial support and provision of rent free accommodation will not constitute dependence, unless the family member needs this to meet their essential needs.[13]

The following forms of support do not constitute dependency under EU law:

  • emotional bond, for example between a mother and child[14]
  • assistance with translation of documents, medical appointments and forms[15]

There is no requirement that a family member was dependent on (or living with) the EEA national in their country of origin, or that they have sought work or is likely to find work in the UK (except for some 'extended family members').[16]

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

In certain circumstances a British citizen returning from an EEA state may be treated as if they were an EEA national exercising EU free movement rights in the UK and their family members will have a right to reside in the UK under EU law.[17] This is commonly referred to as the Surinder Singh route.[18]

The following conditions must be met:

Condition 1: British citizen must have had a right to reside under EU law in another EEA state 

The British citizen must have resided in another EEA state after 1 January 1973 as:[19]

  • a qualified person, for example as a worker, self-employed person, self-sufficient person or a student, for at least three months immediately before returning to the UK or
  • someone with a permanent right to reside

If the British citizen was self-sufficient or a student, they must have held comprehensive sickness insurance for themselves and any family members.

Condition 2: Family member resided with the British citizen in another EEA state

In order to qualify for a right to reside under the Surinder Singh route, the family member or extended family member must have lived with the British citizen in another EEA state and:[20]

  • their joint residence there was genuine, and not set up to circumvent UK immigration rules
  • they were family members or extended family members of the British citizen within the meaning of EU law 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

The Upper Tribunal found that this requirement should not be applied as it does not correspond with EU law.[21]

The domestic regulations have not been amended and still require the British citizen to become a qualified person within the meaning of EU law when they return to the UK.[22] A ‘grace period’ of up to three months is allowed.

Home Office guidance Free movement rights: family members of British citizens provides further information on how this requirement is imposed under domestic regulations.

If the Home Office issued the family member with EEA residence documentation 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

The European Court of Justice held that to have a right under the Surinder Singh route:[23]

  • 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.

Under domestic legislation, factors to be taken into consideration when deciding if residence in another EEA member state 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 Upper Tribunal held that the requirement for a British citizen to transfer the centre of his life to the host EEA state had no basis in the EU law, under which residence in another EEA state was ‘genuine’ if it was 'real, substantive or effective', irrespective of whether ties with the home member state were maintained or not.[25]

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.

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.

Process

The process of establishing a right to reside under the Surinder Singh principle may require an application for a residence permit to the Home Office, especially if the family member is a non-EEA national who cannot rely on the free movement rights.

Advising on applying to the Home Office is an immigration matter which can only be delivered by an immigration adviser authorised by the Office of the Immigration Services Commissioner (OISC) or a qualified solicitor.

The Home Office guidance offers more information about the process.

Family members of dual British/EEA nationals

Family members of dual British and EEA nationals will have the same rights as family members of EEA nationals in the UK if prior to acquiring British citizenship the dual national:[26]

  • was a qualified person, for example a worker or a self-employed person
  • had a permanent right to reside

For the above to apply:

  • the EEA national's country of origin must have joined the EU before they acquired British citizenship, and
  • the EEA national must have been a qualified person at the time of the acquisition of the British citizenship and ever since

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

Loss of family member status

In some circumstances, a person may lose the rights of a family member under EU law. 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.

The Court of Appeal held that  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.[27]

Retaining a right to reside

In some circumstances, a family member of an EEA national will retain a right to reside even after they cease to be a family member.

Retaining rights on death of an EEA national

If an EEA national who was economically active or had a permanent right to reside dies, their family member, of any nationality, will have a permanent right to reside and be automatically eligible for homelessness assistance if:[28]

  • the family member resided with the EEA national immediately before that person's death
  • the deceased had resided continuously in the UK for at least two years immediately before death unless the death was the result of an accident at work or an occupational disease

If the above conditions are not met, family members who are EEA nationals, can rely on their own right to reside under EU law.

Additional protection for non-EEA family members
Unlike family members who are EEA nationals themselves, non-EEA family members who do not qualify for permanent right to reside after the EEA national's death would not be able to exercise free movement rights under EU law.

Non-EEA family members in this position may be able to retain their right to reside and continue to be eligible for homelessness assistance if they lived in the UK for at least the year immediately before the death of the EEA national and:[29]

  • the deceased EEA national was economically active or had a permanent right to reside
  • the non-EEA family member would meet the conditions of being a qualified person if they were an EEA national, for example as a worker or a self-employed person, or is a family member of a person who meets this condition

Eligibility for homelessness and housing assistance will depend on whether the particular right to reside as a qualified person confers eligibility - see Overview of the eligibility rules.

Retaining rights when on an educational course

If an EEA national who was either economically active or had a permanent right to reside in the UK dies or leaves the UK, their direct descendant retains the right to reside in the UK if they were on an educational course immediately before the death or departure and continue their education on that course.[30]

This retained right extends to:

  • the parent with actual custody of the child
  • a child or grandchild of the spouse or civil partner of the EEA national died or left the UK

On divorce or termination of civil partnership

Until marriage or civil partnership is dissolved, a spouse or a civil partner of an EEA national who is a qualified person or has a permanent right to reside  continues to have a right to reside as a family member even if they no longer live in the same household.[31]

A family member of an EEA national who is an EEA citizen will have to rely on their own status in order to have a right of residence following divorce or termination of a civil partnership. They might be a qualified person, for example a worker or self-employed or have a permanent right of residence. The Upper Tribunal has confirmed that this requirement is not contrary to European law.[32]

non-EEA family member will retain their right to reside if they:[33]

  • 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
  • any of the following apply:
    • 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 they have 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.

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 the initiation of proceedings for the termination of the marriage or civil partnership.[34] 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.[35] This is likely also to apply in the cases of access to children.

Eligibility for homelessness and housing assistance on death or relationship breakdown

The rules that enable a non-EEA national family member to retain a right to reside following death or relationship breakdown can be seen as 'bridging the gap' between non-EEA and EEA nationals in the event of their ceasing to be a family member. In terms of eligibility for homelessness assistance, an EEA national's eligibility will depend on them having a right to reside that confers eligibility (see Overview of the eligibility rules). A non-EEA national family member who retains a right to reside because they are working, self-employed or self-sufficient will only be eligible for homelessness and housing assistance if they are economically active.

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.[36] The child’s primary carer whose presence is necessary for the child to be able to continue her/his education in the UK[37] will have a derivative right to reside and will be eligible for homelessness assistance/social security benefits,[38] 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 of under-school age.[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]

Permanent right to reside

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.[51] 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.[52]

Wales

The legislative references and the footnotes on this page reflect the law in England. In Wales, very similar rules made under Welsh legislation apply, but the references may be different. Contact Shelter Cymru for more information about the law in Wales.

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

[2] 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 CJEU C-129/18 (26 March 2019). See also s. 67 Adoption and Children Act 2002; Adoption (Recognition of Overseas Adoptions) Order 2013 SI 2013/1801.

[3] Latayan v Secretary of State for the Home Department [2020] EWCA Civ 191.

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

[5] reg 8 Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2019 SI 2019/1155; Art. 2 and 3 Directive 2004/38/EC.

[6] 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. Continuous dependency, see: Chowdhury (Extended family members: dependency) [2020] UKUT 188 (IAC).

[7] 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.

[8] regs 12, 17 and 18 Immigration (European Economic Area) Regulations 2016 SI 2016/1052; Kunwar (EFM - calculating periods of residence) [2019] UKUT 63 (IAC); Moneke and others (EEA - OFMs) Nigeria [2011] 341 (IAC); Ihemedu (OFMs - meaning) Nigeria [2011] UKUT 340 (IAC).

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

[10] 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.

[11] 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.

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

[13] 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.

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

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

[16] 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.

[17] reg. 9 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 and by Immigration (European Economic Area) (Amendment) Regulations 2019 SI 2019/1155; R v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for Home Department (Freedom of movement for persons) [1992] EUECJ C-370/90.

[18] 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.

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

[20] 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; Kaur v Secretary of State for the Home Department  [2020] EWCA Civ 98.

[21] HK v S (PC) [2020] UKUT 73 (AAC).

[22] reg 9(7) 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.

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

[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] ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan [2019] UKUT 281 (IAC).

[26] 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 CJEU C-165/16 (14 November 2017); ODS v Secretary of State for Work and Pensions (UC) [2019] UKUT 192 (AAC); R (on the application of Zekri) v Secretary of State for the Home Department [2019] EWHC 3058 (Admin).

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

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

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

[30] regs 10(3)-(4) and 10(9) Immigration (European Economic Area) Regulations 2016 SI 2016/1052.

[31] 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).

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

[33] 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.

[34] 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.

[35] 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.

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

[37] reg 16(4)(b) Immigration EEA Regulations 2016 SI 2019/1052.

[38] 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.

[39] reg 6(1) Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 SI 2006/1294.

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

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

[42] 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.

[43] reg 16(7)(a) Immigration EEA Regulations 2016 SI 2016/1052; see also AM v SSWP and City and County of Swansea Council [2019] UKUT 361 (AAC).

[44] 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).

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

[46] (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).

[47] 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.

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

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

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

[51] 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).

[52] 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.

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