This was despite a provision of the EU's free movement directive which stated: While a member of the European Union, the legality of the requirement by the UK to require EEA family members a hold a family permit to enter the UK was long disputed by the European Commission.
A family permit would be issued if the applicant is the spouse, civil partner or dependent child of an EEA national and they were travelling to the UK with that person.
The legality of the EEA family permit requirement was challenged before the European Court of Justice in R (McCarthy) v Home Secretary.
[7] On 20 May 2014, Advocate General Maciej Szpunar issued an opinion in favour of the McCarthys, holding that the family permit requirement violated EU law.
On 18 December 2014, the Court of Justice ruled in favour of the McCarthys, reaffirming the Advocate General's opinion.