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Immigration – European Economic Area nationals. A Pakistan national had married a German national and moved to the United Kingdom where they had two children who were German nationals. They divorced and the wife sought to regularise her position in the UK. The Upper Tribunal (Immigration and Asylum Chamber) decided that she had a right of residence, both under art 20 of the Treaty on the Functioning of the European Union applying the principles in Zambrano, and under art 12 of Council Regulation (EEC) 1612/68 (on freedom of movement for workers within the Community). It also allowed her appeal under art 8 of the European Convention on Human Rights. The Secretary of state appealed. The Court of Appeal, Civil Division, referred a number of questions to the Court of Justice of the European Union as the answers to the issues raised were not acte clair.
Immigration – European Economic Area nationals. A Pakistan national had married a German national and moved to the United Kingdom where they had two children who were German nationals. They divorced and the wife sought to regularise her position in the UK. The Upper Tribunal (Immigration and Asylum Chamber) decided that she had a right of residence, both under art 20 of the Treaty on the Functioning of the European Union applying the principles in Zambrano, and under art 12 of Council Regulation (EEC) 1612/68 (on freedom of movement for workers within the Community). It also allowed her appeal under art 8 of the European Convention on Human Rights. The Secretary of state appealed. The Court of Appeal, Civil Division, referred a number of questions to the Court of Justice of the European Union as the answers to the issues raised were not acte clair.
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