Genuine dependency appeal of EEA national’s family member allowed by immigration tribunal

Sterling & Law Associates LLP were successful in the genuine dependency appeal case at the First-Tier tribunal challenging the Home Office’s refusal of a client’s application for an EEA residence card on the basis of being a dependent family member of an EEA sponsor.

Sterling & Law Associates LLP were instructed to act on behalf of a client in the appeal, which arose from the refusal of the Home Office to grant a EEA residence card to the Appellant, who is a mother-in-law of in EEA national. The Appellant had overstayed in the UK after her leave expired in 2004.

In 2015, the Appellant’s son married a Latvian national. In the same year, her granddaughter was born in the UK. In 2016, the Appellant made an application for an EEA residence card on the basis of being a dependent family member of her daughter-in- law, however it was refused.

The central issue of the Appeal was proving genuine dependency on the balance of probabilities.

It had to be shown that the Appellant was more likely than not dependent on her daughter-in- law. The Appellant proved the crucial requirements, namely that she is the mother-in- law of the EEA national and that the EEA national was exercising treaty rights in the UK.

With regards to the issue of genuine dependency, the Judge was not satisfied that the Appellant had been genuinely dependent on the EEA national during the alleged period due to lack of persuasive evidence of living together and financial dependence.

However, following the case law on EEA applications, the Judge emphasised that situation at the time of the hearing had to determine whether the Appellant was genuinely dependent on her daughter-in- law. Accordingly, the Judge allowed the Appeal on the basis that the Appellant was the main carer of the EEA national’s daughter, and that she was not able to take up employment due to her commitments to domestic work and caring for her granddaughter.

As a result, the appeal was allowed on the basis of Regulation 7 of the 2016 EEA regulations.