Successful appeal against refusal to issue Residence Card to Spouse of EEA national

The case resolved around a refusal by the Secretary of State (Respondent) to issue an EEA Residence Card to a Georgian national (Appellant) who is a spouse of an EEA national.

The reason for the refusal was that the Respondent was not satisfied that the relevant EEA national exercised Treaty rights.

The Home Office argued that there were discrepancies in evidence of work, relying on the case of Begum Pakistan [2011] UKUT 275. However, the Judge did not accept the Home Office’s argument, finding that the evidence provided was sufficient, and that the witness statements were credible, including the ones describing the EEA national’s employment circumstances and history in the UK.

As a result, the Appellant’s spouse was determined to be a worker for the purposes of the EEA Regulations, and the Appellant has successfully discharged the burden of proof.

Accordingly, the appeal was allowed.