EU children can be lawfully resident in the UK without exercising treaty rights (Free Movement) (28 November 2019)

Free Movement has reported on the outcome of MS (British citizenship; EEA appeals) Belgium [2019] UKUT 356 (IAC) in which the Upper Tribunal confirms that certain EU citizen children in the UK can be considered lawfully resident for the purposes of Article 8 of the European Convention on Human Rights, even if they have not exercised treaty rights or have no official Home Office documentation. MS appealed the Secretary of State’s decision to refuse to revoke a deportation order made against him, he was successful at the First-tier Tribunal following which the Secretary of State appealed to the Upper Tribunal. Immigration director Jenna McKinney and trainee solicitor Van Ferguson represented MS at the Upper Tribunal, arguing that ‘lawful residence’ for the purposes of section 117C(4) of Part 5A of the Nationality, Immigration and Asylum Act 2002 should not be tied to the exercise of treaty rights.