Sterling & Law Associates LLP were successful in a very interesting appeal in the First-tier Tribunal in relation to EU free movement law.
The facts of the case were as follows:
The Appellant had applied for a Residence Card as the non-EEA family member of a British citizen under Regulation 9 of the 2006 EEA Regulations. While it was accepted that the hearing that the Appellant did not satisfy the conditions of Regulation 9, it was submitted that she had a derived right of residence in accordance with Article 45 of the Treaty of the Function of the EU (TFEU).
The Appellant’s British family member, while primarily resident in the UK, worked extensively overseas in the EU. It was therefore argued that he was exercising Treaty rights in the EU and, if the Appellant – who is the primary day-time career for his child – was refused a residence card, he would be unable to exercise Treaty rights by travelling to the EU for work.
Therefore, in line with Article 45 of the TFEU and the European Court of Justice case of Aisel v G Case C-457/12, the Tribunal allowed the appeal, noting that the Appellant is entitled to a Residence Card.