We recently received the exciting news that our client (the Applicant’s) EEA Residence Card has been granted following a successful First Tier Tribunal appeal. The Applicant applied as a family member of an EEA national exercising Treaty Rights in the UK as a Worker, under The Immigration (European Economic Area) Regulations 2016 (“EEA Regulations 2016”). The Applicant had a complex Immigration history and during our initial consultation with the Applicant, we explored his aims and long-term objectives and provided him with a strategy to ensure he would eventually be granted an EEA Residence Card.
The case for an EEA Residence Card application
The Applicant is an Indian national who had been with his EEA national spouse since 2016. The Applicant had made several EEA Residence Card applications, however, they were made without the correct guidance and understanding of the EEA Regulations so kept getting refused. When the Applicant attended the initial consultation with our specialist EEA Immigration Solicitor, he had just been released from Immigration Detention following another EEA Residence Card application refusal. After we reviewed his previous applications it was clear that his previous legal representatives had failed to address the refusal points from the previous refusals and properly demonstrate through documentary evidence that the relationship between the Applicant and his EEA national Sponsor was genuine and durable.
We submitted a further application for an EEA Residence Card with substantial evidence demonstrating their relationship as well as our legal representations which addressed all of the previous refusals and outlined all of the relevant rules. The application was refused but unlike the previous failed applications, the Applicant was now given a right of appeal and the case was heard at the First Tier Tribunal (Immigration and Asylum Chamber). We submitted a strong appeal bundle with over 600 pages of relevant supporting documents, and the appeal was a success with the Home Office not choosing to appeal the decision. Now the Applicant has finally been issued with a Residence Card to continue living in the UK with his EEA national wife.
What are the main requirements for a successful EEA Residence Card application?
Whilst the requirements under the EEA Regulations are not as stringent as the Immigration Rules, there is still a criteria that needs to be met and adequately demonstrated in order to be granted an EEA Residence Card as the family member or extended family member of an EEA national in the UK, such as:
- Applicants must demonstrate that they meet the definition of a family member under the EEA Regulations 2016;
- Applicants must demonstrate that their relationship with the EEA national is genuine and durable;
- The Sponsor must be exercising Treaty Rights in the United Kingdom as a job seeker, worker, self-employed person, self-sufficient person or a student; and
- Applicants must show that they can be accommodated and maintained in the UK without recourse to public funds.
Unlike applications made under the Immigration Rules, there is no immigration status requirement for EEA applications. This means that applicants do not have to have lawful leave to remain in the UK when making a successful application.
Is an EEA Residence Card still valid after Brexit?
A Residence Card is usually valid for 5 years. According to the Home Office website, anyone who has an EEA Residence Card should note that it will no longer be valid after 31 December 2020. There will be no change to the rights and status of EEA citizens currently living in the UK until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal. EEA nationals and their family members can apply to the EU Settlement Scheme to continue living in the UK. To convert to settled or pre-settled status is free of charge and is an apparently straightforward process.
Our Immigration Team specialise in European applications and therefore are qualified to advise on such applications, even when there are complexities and slim chances of success. With the confusing around Brexit, it is essential to book a consultation with our specialist Immigration Team comprising of fully qualified UK Immigration lawyers in order to arrange an initial consultation to discuss each individual immigration mater in more detail.
Using Legal Representation to Prepare an EEA Residence Card application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an EEA Residence Card application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your EEA Residence Card application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules/EEA Regulations are complex and a legal representative can help ensure that your application meets the Immigration Rules/EEA Regulations.
Successful EEA Residence Card applications
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 immigration status and the merit of your EEA Residence Card application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your application 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. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful EEA application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules/EEA Regulations 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 your application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.