IA177902013 & IA177912013

The first appellant is a citizen of Germany born on 6 March 1967. The second appellant is his wife, a citizen of Nigeria born on 6 April 1979. They appeal against a decision of Judge of the First-tier Tribunal Nightingale who in a determination dated 24 February 2014 dismissed their appeals against a decision of the Secretary of State to refuse to issue them with a permanent registration certificate and permanent residence card respectively as persons who had resided in the United Kingdom in accordance with the Immigration (EEA) Regulations 2006 for a continuous period of five years.

The first appellant had claimed that he had entered Britain in 2007 and had sought work here until 2009 when he became a student between 2009 and 2011, and that thereafter he had entered self-employment.

Turning to the period between 2009 and 2011 the judge stated that she did not find on balance that the lack of private arrangements for sickness cover rendered the appellant�s period of residence between 2009 and 2011, not in accordance with the Regulations and she accepted that the appellant had been a student in accordance with the Regulations during that period.

The judge then turned to the appellant�s claim that he had set up his own business some time around August or September 2011 but had not started trading until the end of December 2011. She stated there was no indication of what he had been doing between July and December 2011 other than taking steps to register a business by way of economic activity or any other qualifying activity. She stated that there appeared to be a period of around five months when the first appellant was not exercising any kind of Treaty rights at all.

The judge then considered the evidence that had been produced with regard to the self-employment. She noted that two tax returns had been made but stated:-