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The application for permission to appeal was made by the Secretary of State but nonetheless for the purposes of this determination I will refer to the appellants as they were described before the First-tier Tribunal that is the Secretary of State as the respondent and Mr Sidnei Becker as the appellant.
The appellant is a citizen of Brazil born on 23 rd November 1971 and married to Maria Longhinotti Felippe who is an Italian national. On 4 th October 2014 he made an application for confirmation of a right of residence as the spouse of an EEA national exercising treaty rights in the UK. That application was refused on 29 th December 2014 on the basis of Regulation 4 of the Immigration (European Economic Area) Regulations 2006.
(a) "worker" means a worker within the meaning of Article 39 of the Treaty establishing the European Community(1);
(b) "self-employed person" means a person who establishes himself in order to pursue activity as a self-employed person in accordance with Article 43 of the Treaty establishing the European Community;
(i) sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence; and
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