Successful Appeal at the Immigration & Asylum First Tier Tribunal – EEA Retained Rights of Residence

Our team of solicitors and barristers recently assisted a client (the Appellant) submit a successful appeal at the Immigration and Asylum First Tier Tribunal. Our specialist immigration team assisted with challenging a Home Office decision denying the Appellant an EEA Family Permit under the EEA Retained Rights of Residence route under Regulation 10(5) and 10 (6) of the European Economic Area (EEA) Regulations 2006. It was clear from the onset that the Home Office decision to refuse the application was flawed as it appeared the Home Office caseworker had overlooked and not considered crucial supporting documents that were submitted with the application. 

Background to the Appeal to the Immigration and Asylum First Tier Tribunal

The Appellant was a non-EEA national who entered the UK on a Tier 4 Student visa. Shortly after arriving in the UK the Appellant had married an EEA national. The Appellant’s marriage with his EEA national partner had broken down and as a result, the Appellant submitted an application for EEA Retained Rights of Residence under Regulation 10(5) and 10 (6) of the EEA Regulations 2006. Despite a large amount of documentary evidence submitted with the application the Appellant’s application was refused on the basis that the Home Office did not accept that his EEA partner was exercising Treaty Rights at the time of his divorce. Further, it was also not accepted that the Appellant had exercised Treaty Rights after his divorce.

The case for submitting an Appeal to the Immigration and Asylum First Tier Tribunal

In our initial consultation with the Appellant, we reviewed the Home Office decision with his application and supporting documents. We discovered some complexities in his case. It was evident from the outset that despite the complexities, the Appellant had strong merits for an appeal. Our immigration solicitors were able to identify flaws in the Home Office decision. In particular, it was apparently important supporting documents were overlooked. Our immigration solicitors were able to advise the client on the EEA Regulations and agreed the contentious Home Office decision can and must be appealed.

After months of hard work and dedication, our team of solicitors and barristers were able to get the Home Office decision overturned at the First Tier Tribunal. Our client was ecstatic with the outcome.

How we can assist submit a successful Appeal to the Immigration & Asylum First Tier Tribunal

Our solicitors and barristers drafted comprehensive and strong Grounds for Appeal challenging the defective reasons for refusal. In addition to the Grounds of Appeal, our solicitors and barristers prepared a detailed, structured, indexed and paginated bundle of documents which were relied upon at the appeal hearing. Further, our solicitors and barristers also assisted with the drafting of comprehensive and strong witness statements in support of the Appellant’s appeal. These were the key ingredients towards the success of the Appellant’s appeal.

Our solicitors and barristers successfully guided the Applicant through the appeal process ensuring the Appellant was kept up to date with the progress of his appeal. In addition to this, we also assisted the Appellant to gather essential documentary evidence, providing multiple substantial reviews of his documents to give him the best chance of overturning the Home Office decision. The key to a successful appeal at any court of law or tribunal is preparation and providing the correct documentary evidence in support of your case.

Submitting an EEA Retained  Rights of Residence Application

 Non-EEA family members of EEA nationals may be able to apply for an EEA Family Permit in some circumstances. EEA Retained Rights of Residence can be obtained in circumstances where the:

  1. EEA national family member has died;
  2. EEA national and the non-EEA national’s relationship has broken down resulting in divorce; or
  3. EEA national opts to leave the UK.

Requirements for the EEA Retained Rights of Residence can be found under Regulation 10 of the Immigration (European Economic Area) Regulations 2006. There may be difficulties in meeting the requirements under Regulation 10(5) of the EEA Regulations situations where the relationship with the EEA national has not ended amicably which is why it is helpful to gain legal advice from our specialist immigration team before making an application based under EEA Retained Rights of Residence.

Using Legal Representation to submit a successful appeal at the Immigration and Asylum First Tier Tribunal

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 appeal to the Immigration and Asylum First Tier Tribunal.

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 appeal matter has merit, you should seek legal advice from our immigration solicitors and barristers. In an instance where your case has no merits, our immigration solicitors can consider with you a fresh application with the correct documentation ensuring a positive result.

To submit a successful appeal at the Immigration and Asylum First Tier Tribunal you will need to obtain the correct documentary evidence in support of your appeal. The UK Immigration Rules are complex and a legal representative can help ensure that your appeal has sufficient grounds to appeal.

Successful appeals at the Immigration and Asylum First Tier Tribunal

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 appeal at the Immigration and Asylum First Tier Tribunal before your matter even reaches the tribunal. We can assist you with the preparation and submission of your appeal at the Immigration and Asylum First Tier Tribunal and ensure your case has the best chance of success.

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 appeal at the Immigration and Asylum First Tier Tribunal. 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.

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

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