Following the departure of the United Kingdom from the European Union and in the context of the EU Settlement Scheme (“EUSS”), the Upper Tribunal in Batool & Ors (other family members: EU exit) [2022] UKUT 219 (IAC) (19 July 2022) thought of the place of “other family members” inside the that means of Article 3.2 of Directive 2004/38/EC.
The definition of “other family members” is present in Article 3(2) of the Directive.
Until 31 December 2020, the Directive was applied in the United Kingdom by the use of the Immigration (European Economic Area) Regulations 2016, i.e the 2016 Regulations. These Regulations described different family members as “extended family members”.
FP6(1) of the EUSS was the related provision in the case of the Appellants in Batool. It required them to be “family members of a relevant EEA citizen”, as outlined in Annex 1 – a “family member of a relevant EEA citizen” which have to be a partner, civil associate or sturdy associate of a related EEA citizen; or be the baby or dependant mum or dad of such a citizen, or of that citizen’s partner or civil associate.
The Directive 2004/38/EC and the 2016 Regulations set out the definitions of family members and different(or prolonged) family members, particularly that different family members didn’t get pleasure from automated residence rights underneath EU regulation: they needed to be the beneficiary of a optimistic train of discretion, recognised by the grant of residence documentation.
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