OB (EEA Regulations 2006 - Article 9(2) - Surinder Singh spouse) Morocco

OB (EEA Regulations 2006 - Article 9(2) - Surinder Singh spouse) Morocco [2010] UKUT 420 (IAC)

British citizen working and residing with Moroccan spouse in Republic of Ireland (�RoI�) - �13 month gap between end of employment in RoI and return to Belfast - the term �was so residing� does not have to be immediately before returning to the United Kingdom - there was a sufficient link between the exercise of Treaty rights and the return in this case.

This is an appeal from a decision of Immigration Judge Grace delivered on 8 March 2010 when the appellant�s appeal from the respondent�s refusal of a residence card was dismissed.

In July 2008 the appellant�s wife returned to Northern Ireland to live and work there permanently. The appellant joined her and in September 2008 applied for a residence card as the spouse of a British national who had exercised Treaty rights. This application was refused in October 2009 because the respondent was not satisfied that the appellant�s wife had worked in Dublin as claimed. At the hearing of the appeal the IJ was satisfied that the appellant had established the facts set out above.� There was no attendance by a Home Office Presenting Officer.

Regulation 9(1) of the Immigration (European Economic Area) Regulations 2006 makes provision for family members of a United Kingdom national to be treated as an EEA national within the meaning of Article 2(1) of the Regulations, if the conditions in Regulation 9(2) are made out.