Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Chapter CBTM10080

Document Cited authorities 3 Cited in Related
Vincent
Published date10 April 2016
Record NumberCBTM10080
CourtHM Revenue & Customs
IssuerHM Revenue & Customs
{#IDAQGP1B}Right to reside on basis of child in UK education Council Regulation (EEC) 1612/68 - Article 12 and European Court of Justice (ECJ) Cases Ibrahim and Teixeira

In February 2010 the ECJ delivered judgement in the cases of two women who, it had been decided by the United Kingdom, had no right to reside but who were the primary carers of the children of an EEA national parent in United Kingdom education.

The ECJ held that the child of an EEA national parent who is or was a worker (employed; not self-employed) in the United Kingdom has a right to United Kingdom education under Article 12 of Council Regulation 1612/68 and that confers on the child a right to reside in the United Kingdom. In order for the child to effectively exercise that right, it is necessary that the child’s primary carer in the United Kingdom also have a right to reside in the United Kingdom for the duration of the child’s education and since the residence rights of both the child and the primary carer arise directly from Article 12 Council Regulation 1612/68, they are not conditional on either the child or the child’s primary carer being self sufficient in the United Kingdom.

However the following circumstances must exist in order for this right to arise

  • The child must have one EEA national parent;
  • The EEA national parent must be, or have been, a worker in the United Kingdom; and
  • The child must have been entered into United Kingdom formal education. This means compulsory schooling: so primary and secondary school and sixth form or non advanced further education up to the child’s eighteenth birthday.

Note 1: No right to reside would arise for the primary carer of a child of an EEA national where the EEA national is only or had formerly been self employed only in the United Kingdom.

Note 2: In general the child’s right to education and so the primary carer’s right to reside in...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT