England and Wales Case Law

Fatima Ali, R (on the application of) v Secretary of State for the Home Department

The court held that ongoing dependency is required for family members over 21 to retain residence rights under the Directive and the Withdrawal Agreement. The CJEU’s judgment in Reyes does not support the claimant’s interpretation. The defendant’s immigration rules lawfully reflect these requirements. The difference in treatment between applicants under the EUSS and previous regimes is justified by the existence of distinct legal frameworks and is not irrational.

Source excerpt

• Eu withdrawal agreement
• Family member rights
• Dependency under directive 2004/38/ec
• Eu settlement scheme
• Judicial review
• Irrationality in administrative law

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Secretary of State for the Home Department v Rexhaj

Secretary of State for the Home Department v Rexhaj [2024] EWCA Civ 784 (11 July 2024)

The Court of Appeal held that leave to enter under an EUSS family permit was not leave under Appendix EU, so the respondent had to prove dependency.

• Eu settlement scheme
• Appendix eu
• Appendix eu (family permit)
• Dependency requirement
• Leave to enter
• Entry clearance

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Ali, R (On the Application Of) v Secretary of State for the Home Department

Ali, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 1615 (Admin) (30 June 2023)

The High Court held that adult children of EU citizens must meet dependency conditions continuously, and dismissed a challenge to EUSS rules and the Withdrawal Agreement.

• Eu settlement scheme
• Withdrawal agreement
• Directive 2004/38/ec
• Family member rights
• Dependency
• Permanent residence

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RM (Zimbabwe) v Secretary of State for the Home Department

The Court of Appeal held that a spouse could acquire permanent residence under Article 17(3) of Directive 2004/38/EC when marrying a Union citizen who had qualified under Article 17(1).

• Permanent residence rights
• Directive 2004/38/ec
• Eea regulations
• Family member rights
• Retained rights of residence
• Immigration-law

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RM (Zimbabwe) v Secretary of State for the Home Department

RM (Zimbabwe) v Secretary of State for the Home Department [2013] EWCA Civ 775 (28 June 2013)

The Court of Appeal held that a spouse who married after the EEA national had acquired permanent residence could still obtain derivative permanent residence under Article 17(3).

• Right of permanent residence
• Directive 2004/38/ec
• Family member rights
• Transposition of eu law
• Interpretation of eu directives
• Immigration-law

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PM v The Secretary of State for the Home Department

The Upper Tribunal held that “resided with” in Regulation 15(1)(b) means presence in the UK with the EEA national, not living in the same family home.

• Permanent residence
• Eea regulations
• Family member rights
• Directive 2004/38/ec
• Immigration
• Eea-regulations

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The Secretary of State for the Home Department v FB

The Upper Tribunal held that a non-permanent inability to work is “temporary” under the EEA Regulations, so the claimant’s father remained a qualified person.

• Permanent residence
• Qualified person
• Temporary inability to work
• Eea regulations
• Family member rights
• Temporary-inability-to-work

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EN v The Secretary of State for the Home Department

The Upper Tribunal held that a family member seeking permanent residence under reg. 15(1)(b) must show both their own and the EEA national’s continuous five-year residence.

• Permanent residence
• Continuity of residence
• Family member rights
• Eea regulations
• Directive 2004/38/ec
• Immigration-law

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Owusu, R (on the application of) v Secretary of State for the Home Department

Owusu, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 593 (Admin) (21 January 2009)

The High Court granted permission for judicial review in an immigration case, finding a strong challenge to refusal of entry clearance under the EEA Regulations.

• Eea regulations
• Directive 2004/58/ec
• Entry clearance
• Family member rights
• Judicial-review
• Immigration

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