Elderly parent of EEA family member allowed to stay in the UK

A challenging appeal process has resulted in a successful outcome for Sterling & Law Associates LLP and the client – an elderly parent of the spouse of the EEA national.

The appeal case followed the refusal of the Home Office to confirm the appellant’s right to reside in the UK based on full financial dependency on her son. The appeal was under the Nationality, Immigration and Asylum Act 2002 and Regulation 26 of the Immigration (European Economic Area) Regulations 2006.

The main reason for the Home Office’s refusal was a lack of adequate evidence of financial dependency by the 79 year old mother on her son. The Secretary of State also considered that there was no sufficient evidence of the relationship between the Appellant and her son due to the change of the mother’s surname after her previous marriage.

The Immigration Judge found that the Appellant is wholly dependent on her son based on the submitted documents and oral evidence given by the witnesses. The Judge also accepted the fact that her only source of income is the financial support provided by her son and that the minimal state pension in Ukraine was no longer available to her.

This case is of a great importance due to the elderly age of the Appellant, her developing dementia and the absence of anyone to look after her in her country of origin.

The appeal was allowed and the determination of the First-tier Tribunal was promulgated on 10 April 2018. As a result of this successful appeal, the son can continue to support and care for his elderly mother in the UK.

Immigration Assistance

For expert advice and assistance in relation to your particular immigration case, please contact our immigration lawyers on Tel. +44(0)20 7822 8535, Mobile / Viber: 074 6338 2838, by e-mail: contact@sterling-law.co.uk or via our online appointment booking form.