Our Immigration Team were recently instructed to represent a client, who was appealing the Home Office’s decision, to refuse him a residence card under the Immigration (European Economic Area) Regulations 2006 (the 2006 Regulations) as an extended family member of a Lithuanian citizen. In their decision, the Home Office had formed the view that the Appellant had provided insufficient evidence to show that he was in a ‘durable relationship’ with an EEA national as per the 2006 Regulations. Durable relationship is assessed subjectively by the Home Office.
Decision of Immigration Tribunal on EEA2 Refusal
In our client’s case, the First Tier Tribunal (Immigration and Asylum Chamber) considered the decision under both the 2006 Regulations and under Article 8 of the European Convention on Human Rights (ECHR). Considering the case under human rights grounds, the Tribunal held that the Secretary of State for the Home Department had not identified any legitimate public interest that would justify the interference with the Appellant’s established Article 8 family life in the UK. The Tribunal took into consideration that the Appellant was engaged to his partner and his partner could not move to India (the Appellant’s home country) as by doing so she would be deprived of her benefits of exercising her Treaty rights as an EEA national.
EEA Immigration: Family Members of EEA nationals
Non-European family members of EEA or Swiss nationals can apply for a residence card which confirms their right of residence under European law. European law defines ‘family members’ as spouses, civil partner, the EEA nationals children or grandchildren (or the children or grandchildren of the EEA nationals husband, wife or civil partner) who are under 21 years of age or are a dependent on them and the parents or grandparents of the EEA national and their husband, wife or civil partner, if they are dependent on them.
Extended Family Members of EEA Nationals
European law allows “extended family members” of EEA nationals such as unmarried partners to reside in the UK with their EEA partners. In order to assess whether a relationship is ‘durable’, the Home Office expects that Applicants demonstrate that they have been living together with their EEA national Sponsor for at least two years, thereby making their assessment in accordance to the Immigration Rules.
Contact us for successful outcome to your Appeal
Our team of experienced and professionally qualified solicitors and barristers (regulated by the Solicitor’s Regulation Authority) will be able to guide you through the appeals process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone consultation even if you wish to consider other advisers.
Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our legal case assessment form and we will get in touch or call us now on 0845 8622 529.