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07/03/2019
The Court of Appeal allowed the Secretary of State’s appeal against a decision of the Upper Tribunal. William Irwin represented the Secretary of State.
The Court considered the Immigration (European Economic Area) Regulations 2006 reg.8 and held that an extended family member was only entitled to a permanent residence card after a period of five years from the issue of a residence card, even if they could prove that they had resided legally with a Union citizen in the host Member State for a continuous period of five years in a durable relationship. The Secretary of State’s appeal was allowed.