Secretary of State for Work and Pensions v NZ

Immigration – Workers. The United Kingdom had not effected a valid derogation from art 17 of Directive (EC) 2004/38 of the European Parliament and Council. Accordingly, the Upper Tribunal (Administrative Appeals Chamber) held that, as a person who would, but for the impact of the worker registration scheme, otherwise have been a worker, the respondent's inability to point to 12 months of registered worker did not preclude her from relying on art 17 if she could satisfy its remaining conditions.

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