Following the European Court of Justice case in Chen (C-200/02,) the UK created paragraphs 257C-E of the Immigration Rules to provide for entry as the carer or relative of an EEA national child in the UK.
In the Upper Tribunal case of M (Chen parent: source of rights) Ivory Coast [2010] UKUT 277 (IAC), the domestic court confirmed that a primary carer of a self sufficient EEA national child had a directly enforceable EU right to enter and reside in the host state to facilitate the child’s free movement rights. This EU right is not subject to any restrictions imposed by the Immigration Rules regime. As a consequence it is no longer appropriate to deal with this category of case within the Rules.
