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.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 23 April 2020

• Categories: European Union law
• Sub-categories: European Union law - Agreement on European Economic Area
• Judges: Ward, C
• Decision date: 11 March 2020

Read the full decision in CSPC/0330/2019

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