The important High Court referral in Toufik Lounes, discussed here, referred the following questions to the Court of Justice:
Immigration Barristers' Blog
Regulation 15(1) of the Immigration (European Economic Area) Regulations 2006 (the ‘Regulations’) provides that an EEA national will acquire the right of permanent residence where they have resided in the UK in accordance with the Regulations for a continuous five year period.
According to Directive 2004/38, the right of residence of the non-EU (third-country national) family members of Union citizens, shall be evidenced by the issue of a Residence card. A Residence Card of a Family Member of a Union citizen shall be “issued no later than six months from the date on which they submit the application.”
In a recently given opinion, an Advocate General has proposed that the Court of Justice of the European Union (CJEU) should dismiss a case that was brought by the European Commission against the UK over the right to receive certain benefits.
The Citizen’s Directive, Directive 2004/38, introduced a new and updated right of permanent residence, open to all EU nationals who exercised Treaty rights in a host Member State for a continuous period of five years, and to their family members.