MS v Secretary of State for Work and Pensions (ESA): [2020] UKUT 235 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Ward on 22 July 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 10 August 2020

• Categories: European Union law
• Sub-categories: European Union law - free movement
• Judges: Ward, C
• Decision date: 22 July 2020

Read the full decision in CE/2356/2019.

Judicial Summary

A non-European Econonmic Area national formerly married to an European Economic Area national, who has the right of permanent residence, may rely on that right and is not required to meet the conditions applicable to a “family member who has retained the right of residence” in regulation 10 of the Immigration (European Economic Area) Regulations 2016, such as holding worker status.

Published 10 August 2020