The Weekly Law Reports
[2019] 1 WLR 4747
Court of Appeal
*Aibangbee
v
Secretary of State for the Home Department
[2019] EWCA Civ 339
2019 Feb 20;
March 7
March 7
Sharp, Baker LJJ, Sir Stephen Richards
Immigration— Right to reside— Non-European Union national— Non-EEA national applying for permanent residence card on basis of five years’ residence in United Kingdom as unmarried partner of EEA national— Secretary of State refusing application on basis “extended family member” of EEA national requiring five years’ residence following issue of residence card— Whether extended family member having same substantive rights of residence as family member— Whether non-EEA national extended family member required to obtain residence card before five-year period beginning to run—
Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), regs 7(1)(3), 15(1)(b)
—
Parliament and Council Directive 2004/38/EC, arts 2(2), 3(2), 16(2)
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