HK v Secretary of State for Work and Pensions (PC):[2020] UKUT 73 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 11 March 2020.
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Judicial Summary
The line of authority based on C-370/90 Surinder Singh, C-291/05 Eind and C-456/12 O and B precludes a requirement that the British citizen who has worked in an EU member State and then returns, with a non-British family member, to the UK, should be a “qualified person” within regulation 6 of the Immigration (European Economic Area) Regulations 2016 following their return, if the family member is to be able to derive a right of residence from them. Regulation 9 of the 2016 Regulations must be read accordingly.
Published 23 April 2020