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Extended family member of EU national needs 5 years residence after residence card issued to get permanent residence
Court of Appeal case - 2019] EWCA Civ 339 finds only residence after being issued with a residence card counts for establishing permanent residence for extended family members -
[ Edited: 7 Mar 2019 at 02:16 pm by Daphne ]I turn to the 2006 Regulations. I am satisfied that on their proper construction and so far as material they are consistent with the Directive and produce the result for which the Secretary of State contends. They lay down the conditions for extended family members to acquire rights of residence under national law, in accordance with the duty of facilitation imposed on Member States by article 3(2) of the Directive. Their effect is that an extended family member acquires a right of permanent residence under regulation 15(1)(b) only if he has resided in the United Kingdom with the relevant EEA national for a continuous period of five years since being issued with a residence card.