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Teixeira

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Total Posts: 3137

Joined: 16 June 2010

The recent amendment to the 2006 Immigration Regs by the insertion of a new reg 15A seems to modify the effect of the ECJ judgement in Teixeira to deny a derivative right to reside to some primary carers with a child in education who “share(s) equally the responsibility for that person’s care with one other person who is not an exempt person.”

Does anyone have any views as to how shared care is to be interpreted?  Will it be shared care in fact or in law?  Will shared care on an informal arrangement between the parties catch the claimant or does the arrangement have to be more formal, for example one endorsed or imposed by the courts?

http://www.legislation.gov.uk/uksi/2012/2560/made