IA130982014

Whereas the original respondent is the appealing party, I shall, in the interests of convenience and consistency, replicate the nomenclature of the decision at first instance.

The appellant, born July 1, 1980 is a citizen of Poland. The appellant came to the United Kingdom on January 12, 2004 and began exercising treaty rights on June 7, 2005. She maintained that she continued to exercise that right continuously for five years save that there was a period when she was not working due to pregnancy. On January 8, 2014 she applied for permanent residence. The respondent refused her application on February 25, 2014 as she was not satisfied the appellant had demonstrated she had been working throughout the required period.

The appellant appealed to the First-tier Tribunal under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 and Regulation 26 of the Immigration (European Economic Area) Regulations 2006 on March 14, 2014. On August 13, 2014 Judge of the First Tier Tribunal Broe (hereinafter referred to as the �FtTJ�) heard her appeal. He allowed the appeal under the 2006 Regulations in a decision promulgated on September 16, 2014. On a side note her husband�s appeal as a family dependant was also allowed.

The respondent lodged grounds of appeal on October 9, 2014 in respect of this appellant only. She submitted the FtTJ erred in allowing the appeal. On November 17, 2014 Judge of the First-tier Tribunal Grant granted permission to appeal finding it arguable the FtTJ may have erred by finding treaty rights were exercised throughout the relevant period.

There were two issues raised in the grounds of appeal and whilst they are distinct points they are nevertheless connected. In order for the appellant to meet the requirements of the Regulations for the purposes of showing she is entitled to permanent residence she would have to show that the period when she did not work during her pregnancy did not break the continuity of her status.