RM (Zimbabwe) v Secretary of State for the Home Department: [2013] EWCA Civ 775; [2013] WLR (D) 259
“On a true construction of article 17(3) of Parliament and Council Directive 2004/38/EC, the Zimbabwean widow of a Spanish national had acquired the right of permanent residence in the United Kingdom on the ground that her late husband had, before the date of their marriage, ‘acquired himself the right of permanent residence … on the basis of paragraph 1’ of article 17, viz having retired from work due to permanent incapacity. It was not a requirement that a family member seeking to rely on such a right had to be a family member prior to, or as at the date of, the European Union member’s own acquisition of permanent residence on which reliance was now placed.”
WLR Daily, 28th June 2013
Source: www.iclr.co.uk
