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Amended version of OA (EEA - retained right of residence) [2010] UKAIT 00003

18 March 2010

The Reporting Committee has decided to issue a new version of the OA (EEA - retained right of residence) [2010] UKAIT 00003 which provides further clarification to the retention of the right of residence for family member of EEA nationals. Thus, the paragraph previously read as follows:

(v) Reg 15(1)(f) provides a route for acquiring a permanent right of residence based on a retained right of residence. But, as under reg 15(1)(b), so under reg 15(1)(f) the family member has to show that the EEA national concerned was exercising Treaty rights continuously over the relevant period of five years.

The amended paragraph now reads as follows placing the emphasis on the time spent by the family member in the UK rather than by the EEA national under regulation 15(1)(f):

(v) By contrast, Reg 15(1)(f) provides a route for acquiring a permanent right of residence based in part on a retained right of residence. Under reg 15(1)(f) the family member has to show that he was residing in the United Kingdom in accordance with the Regulations for a continuous period of five years, and at the end of that period he has a retained right of residence.

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