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Miskovic & Anor v Secretary of State for Work and Pensions - EU Accession States and "legally working"

A worker from any of the EU states which acceded to the European Union with effect from 1 May 2004 who is lawfully present in the UK may not fast track a right of residence by working for the requisite period if such work does not constitute 'legally working' under the Accession (Immigration and Worker Registration) Regulations 2004. A worker cannot argue they are working legally if they are not lawfully present in the UK.


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