UI2023001421 & Ors.

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      This is the re-making of the decision in the appellants' appeals, following the setting aside of the decision of the First-tier Tribunal which allowed their appeals against the respondent's decision to refuse their applications under the EU Settlement Scheme (EUSS).

      The appellants appealed against that decision, arguing that they were eligible for settled status under paragraph EU11, with reference to Condition 3(a)(iv), (b) and (c), asserting that the time spent caring for the sponsor prior to him reaching the age of 18 was relevant for the purposes of recognising them as persons with a derivative right of residence.

      In a decision promulgated on 11 July 2023 I set aside Judge O'Keeffe's decision as follows:

" 12. Judge O'Keeffe's reasoning, for concluding that the appellants could meet the requirements to qualify for settled status under EU.11 of Appendix EU, was that the wording of the definition of a "person with a derivative right to reside" in Annex 1 indicated a retrospective element which enabled reliance upon rights already accrued prior to the sponsor turning 18 years of age. Mr Vokes submits that that was the correct interpretation and that the appellants were able to rely upon the five year period prior to August 2019 throughout which they had a derivative right of residence.