Permanent Right of Residence.

Please does anyone know of any cases or pending cases regarding acquiring a permanent right of residence based on the Chen Decision?

Client came into the UK based on visitors visa in 2003 from non EEA member state. Client changed as was allowed at the time to a Work permit which was for 5 years and finished in 2010. Meanwhile Client applied for ILR in 2010 but this was refused on the basis that client never worked at the company for which work permit was issued as company went under shortly after work permit was issued in 2005.

Client then applied for a Family Residence Card in 2010 as client’s first child is an Irish National born in Dublin in 2002. Residence permits were issued in 2011 for 2 years and further renewed for 5 years in 2013.

Is there anyway this Client can obtain permanent residence in th UK?

You’d need to show that he was a Worker, Self Sufficient Person or Student for 5 years looking at article 7(2) of 2004/38/EU

Basically, they don’t fit the definition of “family member” for the purposes of the EC Directive/Immigration Regs.