[2023] UKUT 149 (AAC)

The key chronology is as follows. Ms T, a national of Pakistan, arrived in the UK on 6.12.14 to join her son, Mr M, who was also a national of Pakistan. Mr M had been present in the UK since about 2004. On 12.2.11, Mr M married Ms K, a Lithuanian national and EU citizen exercising Treaty rights in the UK. 5 years after Mr M’s marriage to Ms K, that is, on or about 12.2.16, Mr M acquired an EU right permanently to reside in the UK, pursuant to article 16 of Directive 2004/38 (“the Directive”). The divorce of Mr M and Ms K was made final on 12.2.17.

The Directive relevantly provides as follows: