R (Ali) v Secretary of State for the Home Department

Subject Matter

EUROPEAN UNION — Freedom of movement — Right to reside — Third-country national claimant entering United Kingdom as child of EU citizen mother and obtaining residence card — Claimant subsequently reaching age of 21 and ceasing to be dependent on mother — Claimant applying for pre-settled status under EU Settlement Scheme during transition period for United Kingdom’s withdrawal from EU — Application refused on basis claimant neither under 21 nor dependent — Whether EU Settlement Scheme correctly reflecting Withdrawal Agreement — Whether claimant’s right to reside conditional upon continuing dependency — Whether refusal of claimant’s application irrational — Immigration Rules, Appendix EU — Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, art 17(2) — Parliament and Council Directive 2004/38/EC, arts 2(2), 7(2), 14(2)

[2023] EWHC 1615 (Admin); [2024] 1 WLR 1409; [2023] WLR(D) 404, KBD

EUROPEAN UNION — Freedom of movement — Right to reside — Third-country national claimant having derivative right to reside in UK as “family member” of EU citizen with right of residence there — Claimant subsequently losing status as family member on reaching age of 21 and ceasing to be dependent on parent — Whether claimant thereby losing derivative right to reside — Whether derivative right to reside lost by taking up employment — Parliament and Council Directive 2004/38/EC, arts 2(2), 7(2), 23

[2024] EWCA Civ 1546; [2025] KB 803; [2025] 2 WLR 1173; [2025] 3 All ER 198; [2024] WLR(D) 549, CA

Appellate History

Commentary

Free Movement
High Court rejects challenge to EU Settlement Scheme dependency rules for children Case comment