Tag: EEA National

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.

AFTER 6 ATTEMPTS WITHOUT REPRESENTATION, FINALLY ISSUED A EEA FAMILY PERMIT

The Applicant, a citizen of Georgia, who has been married to an EEA National, was refused not once, but six times EEA Family Permit visa which he made without legal representation over the course of nearly two years. He had left the United Kingdom voluntary in 2015.

The first application was refused by the Home Office after they conducted a phone interview with the applicant. The first and then other 5 applications were refused based on the interview evidence provided during client’s first application.

Even though Entry Clearance officer had to consider each new application on its own merits, they failed to do so and refused all subsequent applications on the same ground.

Sterling & Law Associates LLP were instructed to make a seventh application of behalf of the client which was successful. After considering the facts and evidence provided by the client and six reasons for refusals Sterling & Law Associates LLP suggested the Georgian national to seek a Residence Permit in Estonia as a family member of a European Union national.

After a successful application, fresh compelling evidence and arguments brought by Sterling & Law Associates LLP, the Home Office issued a Family Permit to our client to join his wife in the UK.

“It was a huge task to challenge the Entry Clearance Officers after they have refused our client’s application six times and it was awarding not only for the client but for myself to “fight” for the visa for our client.” Daiga Barzdina

Daiga Barzdina