This appeal relates to an application lodged by ICS Legal on behalf of the appellant under the EU Settlement Scheme, whereby she was an un-married partner and did not hold an EEA Residency Card, which was then wrongly refused by the Home Office and the First Tier Tribunal agreed with ICS Legal in allowing the immigration appeal.
Full facts of the case and what we did is enclosed. Please note due to data protection, the appellant's name or any relevant details are not enclosed.
Summary case facts
The appellant and her sponsor are both EEA nationals however she could not enter the UK before the specified date. Their evidences were limited because of various locations they have lived together and her delay of travelling was based on a number of factors.
The Home Office was challenging that the relationship was not durable prior to the specified date because on the lack of evidences.
The appellant was appealing under the Immigration Citizen’s Rights Appeals (EU Exit) Regulations 2020 (the “Regulations”) against the Respondent’s decision to refuse her application for settled or pre-settled status under the EU Settlement Scheme as set out in Appendix EU to the Immigration Rules.
The appeal hearing at Birmingham IAC
The appeal was heard before the Judge of the First Tier Tribunal Chamberlain. It was heard on the 16th Feb 2023.
Both the appellant and the sponsor were found to be credible witnesses and through ICS Legal pre-conference prior to the hearing, helped them to prepare for the hearing & cross examination.
The Judge made an important finding and made the following observations:
The Appellant said she did not have any documentary evidence to show that they had been living together in Cyprus at this time. It was a verbal agreement, and all of the bills remained in the owner’s name. I accept the explanation for why there is no documentary evidence to cover this period, and I find that it does not detract from the oral evidence that they were living together. I further find that, while they were living in this accommodation in 2019, the Appellant and Sponsor adopted a dog, Latchi. I find that this is further evidence that they were in a relationship together and were not just housemates at the time.
The credability are critical on all immigration appeals and evidences alone are not sufficient to demonstrate the requirements of an applicable rule is being met. The importance of building a matter before the Tribunal on evidences are critical.
The appeal was allowed by Judge of the First Tier Tribunal Chamberlain under the EU Settlement Scheme.
Immigration Deportation Order, First Tier Tribunal determination dated 14th January 2013
Appendix FM, family life as a Parent, First Tier Tribunal determination dated 5th Nov 2012
Adult Dependant Relative, Appendix FM Immigration Rules, First Tier Tribunal determination dated 11th Oct 2019
Adult Dependant Relative on Human Rights Grounds, First Tier Tribunal determination dated 11th Sep 2019
Private Life on Human Rights Grounds, First Tier Tribunal determination dated 20th Aug 2019
Appendix FM, family life as a Partner, First Tier Tribunal determination dated 22nd July 2019
Appendix FM, family life as a Partner, Appeal withdrawn prior First Tier appeal hearing 9th May 2019
EEA Family Permit, family life as a Partner, First Tier Tribunal determination dated 15th Dec 2019
EEA Family Permit, Derivative Rights as a Parent, First Tier Tribunal determination dated 31st January 2020
Indefinite Leave to Remain Appendix FM | Continuous Residence
UK Ancestry Visa | Continuous Residence | Break of Residency
Family Visit Visa Refusal | Family Life with British Citizen | Genuine Visitor | False Representation
An appeal related to a human rights application, refused on the grounds that the appellant did not meet the exceptional circumstances and then challenged whereby the appeal was then allowed.
An application as a carer in line with a person's private life & exceptional circumstances.
Adult Dependant Relative - ADR Immigration Appeal is a successful challenge on the decision made by the Home Office. The First Tier Tribunal allowed the appeal.
EU Settlement Scheme - Pre-Settled Status Immigration Appeal where the Home Office was wrong to refuse the application and appeal allowed by First Tier Tribunal Judge
In-country Adult Dependant Relative & Human Rights Claim decision was made by Mr T J Cary Judge of the FtT where the matter went at Taylor House Immigration Tribunal.
Spouse Visa Appeal & Human Rights, where the sponsor could not meet the financial requirements but in the appeal matter, the Judge accepted that the decision should be in favour of the appellant.
EU Settlement Scheme Appeal - EUSS refusal as a spouse of an EEA Citizen, which also considers the specified date of marriage and relationship.
EU Settlement Scheme, Unmarried Partner & Covid where the matter went before the First Tier Tribunal.
Adult Children, Article 8 ECHR [Family & Private Life], an appeal went before the First Tier Tribunal. The appeal was allowed under human rights grounds.
Spouse Visa Appeal, Appendix FM & Article 8 ECHR where the matter related to immigration status, covid and also right to family life.