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For the Appellant (The Secretary of State): Mr Norton (Home Office Presenting Officer)
Permission to appeal was granted by Judge of the First Tier Tribunal Kimnell on the 29 th September 2015 and he found that the Secretary of State's argument that the Judge erred in finding that Regulation 15 (1) (f) was satisfied had merit.
In his oral submissions to me, Mr Norton contended that the argument was fairly succinct and that the EEA Sponsor had only been exercising Treaty Rights since 2012. Although he agreed that the Claimant would have a retained Right of residence following the divorce, he argued that she did not qualify for a permanent right of residence until 2017, as the five-year requisite period commenced upon the sponsor starting to exercise his Treaty Rights. He relied upon the decision of Senior Immigration Judge Storey in the case of OA (EEA-Retained Right of Residence) Nigeria [2010] UKAIT 0003.
Under Regulation 15 (1) (f) a person shall acquire a right to reside in the United Kingdom permanently if they have:
"(i) have resided in the United Kingdom in accordance with these Regulations for a continuous period of 5 years; and
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