Appeal Rights to be given to Extended Family Members of EEA Nationals

In recent years, there has been much confusion over the appeal rights of extended family members of EEA nationals. First, extended family members had a right of appeal until the Upper Tribunal held in the controversial Sala judgement that there was no statutory right of appeal for extended family members. Then the Khan judgement indicated that there may be appeal rights for extended family members, although this case was related to the rights under the old Immigration (European Economic Area) Regulations 2006 and not the Immigration (European Economic Area) Regulations 2016 (“the EEA Regulations”). However, since the Advocate General’s opinion in the case of the Secretary of State for the Home Department v Banger (Case C-89/17), the Secretary of State has invited the Appellant in the test case challenging the legality of the EEA Regulations to withdraw his Judicial Review claim. Therefore, extended family members will soon once again be able to enjoy a statutory right of appeal.

Appeal Rights to be given to Extended Family Members of EEA Nationals

The Government is preparing to amend the EEA Regulations and re-introduces an appeal right for extended family members of EEA nationals whose residence card applications have been refused. A Judicial Review case, which was set to be heard in May this year, was challenging the lawfulness of Regulation 36 of the EEA Regulations depriving extended family members the right of appeal, however, the Secretary of State has now invited the Appellant to withdraw his Judicial Review claim.

Other cases that are currently stayed pending the outcome of the test case may now request that the Secretary of State’s decisions in those cases are similarly withdrawn. This is good news for extended family members who will be given back the same fundamental rights under EU law as direct family members of EEA nationals: to submit an appeal to the First Tier Tribunal.

Who is an Extended Family Member of an EEA National?

A family member of an EEA national is a direct relative; such as a parent, child under the age of 21, spouses and grandparent. An extended family member of an EEA national is defined as an “other family member” under Article 3 of Directive 2004/38 of the European Parliament and Council of the European Union. This can be one of the following:

  • An unmarried partner who is in a durable relationship with an EEA national;
  • Any other relative who is not considered a family member, but who is dependent on the EEA national relative, including in serious health circumstances.

If you are the extended family member of an EEA national and would like to apply for an EEA Residence Card to reside with your relative in the UK or have recently received a refusal, then it is important to contact our specialist immigration team to arrange a consultation with our Immigration Solicitors. Our team specialise in EEA applications and appeals and are highly qualified to guide you through the process.

Using Legal Representation to submit a successful Extended Family Member appeal

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an appeal as an Extended Family Member of an EEA national. Our solicitors and Barristers will help you comply with the tribunal requirements/directions.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. If your application has been erroneously refused, our solicitors and barristers will ensure your appeal as an Extended Family Member has the best prospects of success.

The UK Immigration Rules are complex and a legal representative can help ensure that your appeal as an Extended Family Member meets the Rules.

Successfully submit an Extended Family Member appeals

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an Extended Family Member appeal before your appeal even reaches the Tribunal. We can assist you with the preparation and submission of an Extended Family Member appeal and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications and appeals. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an Extended Family Member appeal.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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