EN (Continuity of residence - family member) Nigeria

For the Appellant: Mr. Z Jafferji , Counsel instructed by Fitzpatrick & Co, Solicitors

To acquire a permanent right of residence under reg. 15(1)(b) of the Immigration (European Economic Area) Regulations 2006 a family member of a Union citizen must show that both he and the Union citizen have resided in the UK in accordance with the Regulations for a continuous period of five years.

This is an appeal against the decision of Immigration Judge Warner who dismissed the appellant�s appeal against the respondent�s decision made on 11 February 2010 refusing to issue him a permanent residence card as the family member of an EEA national under the provisions of the Immigration (European Economic Area) Regulations 2006 (�the 2006 Regulations�).

The appellant is a citizen of Nigeria born on 9 February 1976. He married his wife, a Swedish national, in the United Kingdom on 3 October 2003 and he was issued with a residence document on 13 May 2004 valid until 13 May 2009. On 21 December 2008 he sought a permanent residence document but the application was refused for the following reasons:

�The evidence you have submitted is not enough to prove that you have resided in the United Kingdom for five continuous years. Also evidence provided suggests that your EEA national sponsor has resided in Sweden for some periods and also has been paid in Swedish kronas.