Does anybody have any comments? Is the Judge's reasoning correct?
Well it certainly accords with my understanding, and what I have posted on this Board in the past. So I am not at all surprised by the judgement.
Furthermore since the new EU regulations came into force on 30.04.06 it is very clear, as regards A8 nationals, that time in the UK prior to those A8 countries joining the EU on 01.05.04 does not count towards the 5-year test.
However it is also clear that prior to those EU regulations coming into force on 30.04.06, time in the UK before 01.05.04 could have been counted. But in the case that has been mentioned the application for PR was made on 16.08.06 ... after 30.04.06 .... which is why the application was bound to fail .... in my opinion.
In short, whilst the judgement will no doubt be disappointing to some, it is useful confirmation of the legal position.
This will affect other EU nationals as well.
I am not surprised. Has anyone ever claimed otherwise? Moving from the UK immigration route to the EU/EEA route has always been understood to reset the clock ... starting the 5-year clock again.
