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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.

Workers and self-employed people (including those who are retired or incapacitated - see the page Retired or incapacitated workers) living in an European Economic Area (EEA) country 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.

Family member

A family member 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 relationships are included as long as the related adoption arrangements were recognised as valid in the UK.[2]

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]

The family member's right to reside will mirror that of the worker or self-employed person. See Overview of the eligibility rules for which rights to reside confer eligibility for homelessness and housing assistance.

Extended family member

An 'extended family member' is defined as:[4]

  • a partner in a 'durable' relationship who is not a spouse or a civil partner. This will not apply if the EEA worker/self-employed national already has a spouse, civil partner or durable partner living in the UK and that relationship subsists [5]
  • a relative of the EEA national who, before the EEA national came to the UK, was either dependent on the EEA national or living as part of her/his household in the same EEA State[6]
  • a relative of the EEA national with a serious health problem needing care from the EEA national.[7]

'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.

Unlike family members, extended family members will only be eligible for homelessness and housing assistance if they have been issued with the appropriate residence documentation. People in the three categories above can apply to be treated as an extended family member but there is no guarantee that a registration certificate, residence card or EEA family permit will be granted in every case.

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]

See Right to reside for more information on residence documents.

Dependence

A family member is 'dependent' if they need 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 dependence 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]

Dependence 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 (or living with) 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]

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

Family members of British citizens cannot normally acquire a right to reside in the UK under the EU rules above; they usually have to rely on UK immigration law to obtain leave to enter or remain.

However, a British citizen is treated as an EEA national, and her/his family members have a right to reside in the UK, if s/he:[19]

  • 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 self-sufficient or a student, the British citizen must have held comprehensive sickness insurance for themselves and any family members), or
  • has acquired a permanent right to reside in another EEA state.

This is also known as the Surinder Singh route.[20] 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).[21]

The family members of a British citizen treated as an EEA national can acquire a right to reside in the UK if:[22]

  • they lived with the British citizen in another EEA state
  • joint residence there was genuine, and not for the purpose of circumventing UK immigration rules
  • they were family members of the British citizen during all or part of their join residence in the other EEA State
  • genuine family life was created of strengthened during their joint residence in the other EEA State, and
  • the British citizen is/was a qualified person at the time relied on, or is in her/his first three months of residence in the UK.

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

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 a qualified person as a student or a self-sufficient person in the UK, the non-EEA national 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, but does not need to show that they entered the UK in order to find work, nor is there any time limit on their jobseeking.

Where the non-EEA national 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 (EEA) 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 'genuine' include:[23]

  • 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’s first lawful residence in the EU with the British citizen was in that EEA state.

The Home Office free movement guidance states that if residence was genuine then even if the purpose of that residence was to avoid UK immigration rules, that is not enough to justify the refusal of a residence card to a non-EU family member.

The Court of Justice of the European Union has decided that to have a right under the Surinder Singh route:[24]

  • residence cannot just be that allowed by the initial right of residence
  • 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.

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.

Unmarried partners of British nationals returning to the UK

Under UK law, extended family members of British nationals returning to the UK, which include unmarried partners in a durable relationship, do not have a right to reside in the UK under the Surinder Singh route. The issue of a registration certificate, residence card or EEA family permit confirming the right to reside of an extended family member is discretionary (see above under the 'Extended family member' heading).

However, following a reference for preliminary ruling made by the UK, the European Court of Justice ruled that non-EU unmarried partners in a durable relationship with British nationals returning to the UK after exercising their Treaty rights in another Member State have a 'derived right of facilitation' which would give them the advantage of being considered under EU law if they applied for a residence card in the UK upon their return there with the British national.[25] The foundation for this right for non-EU nationals in a durable relationship with EU nationals who have exercised their right of free movement under the Treaty on the Functioning of the European Union (TFEU) is that, without the assurance that if such EU nationals establish a durable relationship with a non-EU national while residing in another Member State they will be able to return to their Member State of origin and continue the family life they have created or strengthened in the host Member State, the EU nationals' right of free movement in the EU would be hindered. The Court held that a derived right of facilitation means that:

  • Article 21(1) TFEU must be interpreted as requiring a Member State of which a Union citizen is a national to facilitate the provision of a residence authorisation to the unregistered partner, third-country national with whom that Union citizen has a durable relationship that is duly attested, where the Union citizen, having exercised her/his right of freedom of movement to work in a second Member State returns with her/his partner to the Member State of which s/he is a national in order to reside (ie the 'Surinder Singh' route applies to unmarried partners of British nationals returning to the UK)
  • Article 21(1) TFEU must be interpreted as meaning that a decision to refuse a residence authorisation to a non-EU national and unregistered partner of a EU citizen, where that EU citizen, having exercised her/his right of freedom of movement to work in a second Member State, returns with her/his partner to the Member State of which s/he is a national in order to reside there, must be founded on an extensive examination of the applicant's personal circumstances and be justified by reasons
  • Article 3(2) of Directive 2004/38/EC (the 'Citizenship Directive') must be interpreted as meaning that such non-EU nationals must have available to them a redress procedure to challenge a decision to refuse a residence authorisation following which the domestic court must be able to ascertain whether the refusal decision is based on a sufficiently solid factual basis and whether procedural safeguards were complied with, including an obligation to undertake an extensive examination of the applicant's circumstances and to justify any denial of entry or residence.

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]

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

DMG memo 24/16 and Free movement rights: family members of British citizens provide further government guidance.

Loss of family member status

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 a right to reside

In some circumstances, a family member of a worker or self-employed person (or person with a permanent right to reside) will retain a right to reside even after they cease to be a family member following the death of the EEA qualified person, or following divorce from/dissolution of a civil partnership with an EEA qualified person.

On death of worker/self-employed

Where an EEA worker/self-employed person/person with permanent right to reside has died, their family member, of any nationality, will have a permanent right to reside and be automatically eligible for homelessness assistance if they resided with the deceased worker/self-employed person/person with permanent right to reside immediately before that person's 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, a non-EEA family member will retain the right to reside in the UK if they 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:[30]

  • a worker
  • a self-employed person
  • a self-sufficient person, or
  • the family member of one of the above.

An EEA national family member who fulfils any of these conditions, or is a qualifying person for another reason, will have a right to reside in their own right. Their eligibility for homelessness and housing assistance will depend on whether the particular right to reside confers eligibility - see Overview of the eligibility rules.

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 following divorce or termination of a civil parthership. 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
  • 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 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.

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.

Children in education and the derivative right to reside

A child (of any nationality, including a child who is a British national)[37] of an EEA national working in the UK has a right to access education in the UK and an independent right to reside there for the purpose of accessing and continuing education there.[38] In order to gain this right, there will have to be a period of time during the EEA national's employment (or retained worker status) during which the child has been in the UK.[39] However, the child need not actually start education during the time the EEA national is a worker or retains worker status.[40]

Where the child is in full-time education (but not nursery education) and is under 18 years old, the child's primary carer (see below for definition) has a derivative right of residence until completion of the child's studies even after the EEA worker's departure from the UK or her/his death, or after s/he has ceased to work.[41] A person with a derivative right of residence must be habitually resident in the Common Travel Area in order to be eligible for assistance under Part 7 of the Housing Act 1996. [42]

This derivative right of residence is also known as 'Baumbast right' or 'Baumbast principle'. The right to reside applies to the child's primary carer regardless of her/his immigration status, whether s/he is self sufficient or not, and whether the worker (or former worker) still lives in the host Member State with the family or not. [43]

The derivative right of residence of the primary carer ends when the child reaches the age of 18, except when the child continues to need the presence of that parent in order to be able to complete her/his education.[44]

This right also applies to A8, A2 or Croatian nationals who were registered/authorised workers at some point when restrictons 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.[45]

This derivative right to reside does not apply to the primary carer of a child of an EEA national who was self-employed.[46]

The derivative right to reside of a primary carer of a child in education does not apply to the primary carer of a child whose parents have never worked in the UK. 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.[47]

The right to access education in the UK does not extend to the grandchild of an EEA national worker, thus a grandparent cannot obtain a derivative right to reside as a primary carer based on her/his own worker status.[48]

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.[49] 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 spouse/parent) who would be unable to remain in the EEA, including the UK, if her/his primary carer was required to leave the EEA. For a full explanation of when a person qualifies as a Zambrano carer, including the threshold at which a person may be held to be 'required' to leave the EEA, see the page Right to reside.

A Zambrano carer who applies on or after 8 November 2012 is ineligible for homelessness assistance (or for an allocation of housing under Part 6 of the Housing Act 1996).

Chen cases: self-sufficient dependants

A Chen case is a non-EEA national who is the primary carer of a dependant EEA national who:[50]

  • 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.[51]

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; see Right to reside for more information.

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.[52]

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.[53] 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.[54]

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.

[2] s. 67 Adoption and Children Act 2002; Adoption (Recognition of Overseas Adoptions) Order 2013 SI 2013/1801; SM (Algeria) v Entry Clearance Officer [2015] EWCA Civ 1109.

[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] see reg 8(5) and the definition of 'durable partner' in reg 2(1) Immigration (European Economic Area) Regulations 2016 SI 2016/1052.

[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.

[7] reg 8(3) Immigration (European Economic Area) Regulations 2016 SI 2016/1052.

[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] Soares v Secretary of State for the Home Department [2013] EWCA Civ 575; AA (Algeria) v Secretary of State for the Home Department [2014] EWCA Civ 1741; 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; DMG Memo 15/18; R (on the application of Benjamin) v Secretary of State for the Home Department [2016] EWHC 1626 (Admin).

[20] 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.

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

[22] reg 9 Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2018 SI 2018/801. See also DMG Memo 15/18.

[23] reg 9(3) Immigration (European Economic Area) Regulations 2016 SI 2016/1052.

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

[25] see 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.

[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. See also DMG Memo 15/18.

[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)(b) Immigration (European Economic Area) Regulations 2016 SI 2016/1052; 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.

[37] (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).

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

[39] Bolton MBC v HY (HB) [2018] UKUT 103 (AAC)

[40] 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.

[41] reg 16 Immigration (European Economic Area) Regulations 2016 SI 2016/1052.

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

[43] reg 16 Immigration (European Economic Area) Regulations 2016 SI 2016/1052, as amended by Immigration (European Economic Area) (Amendment) Regulations 2018 SI 2018/801; DMG Memo 15/18; 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.

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

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

[46] 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.

[47] 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).

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

[49] 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.

[50] 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.

[51] reg 4(1)(c) Immigration (European Economic Area) Regulations 2016 SI 2016/1052.

[52] 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. See also DMG Memo 15/18.

[53] 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).

[54] 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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