Case No. UKUT-00162-(IAC)

8. The First-tier Tribunal (“FtT”), having considered the testimony of the Appellant and both of his parents made the following specific findings: (a) When the Appellant was born (in 1986), his mother and father had lived in the United Kingdom, having emigrated from Italy, for periods of 7 and 4 years respectively. They were married following the birth. (b) At the time of the Appellant’s birth, his mother was on a Youth Training Scheme and his father was actively employed. (c) The family lived in Germany from 1989 to 1997. (d) The Appellant had lived continuously in the United Kingdom from 1997, beginning work in 2003 (having left school) and holding down some seven or eight short lived, cash paid, jobs between 2003 and 2006. (e) The Appellant was again in employment from mid-2007 to mid-2008 and he made national insurance contributions of varying amounts between 2003 and 2011. (f) “ The totality of the evidence ….. supports the Appellant’s [assertion] that he was essentially working at short term or temporary jobs within the period after he left school ”. (g) The Appellant “ …. was continuously resident in the UK from his return from Germany in 1997 without any unlawful break until 2010 ”. Finally, the Judge found that both the Appellant’s parents were “ordinarily resident” in the United Kingdom at the time of his birth. 9. In a key passage the Judge continues: “ I find the evidence discloses on balance that the Appellant was continuously resident in the UK from his return from Germany in 1997 without any unlawful break until 2010. During that time he was a student at school until 2002 [then aged 16] and thereafter on balance I find from the totality of the evidence he was engaged, albeit perhaps sporadically, in employment. He would also have been a family member under Regulation 7 of the 2006 Regulations until the age of 21 years in 2007. I find