Appeal allowed after Home Office refuses EEA Residence Card for Brazilian National

A new successful case came out recently after the decision by the First-tier Tribunal.

The case concerned a family couple, where a Brazilian national married an EEA national. The appellant entered the UK, with the EEA national, on the basis of her Brazilian marriage certificate. Subsequently, the wife applied for a residence card as a family member of the EEA national and were refused by the Home Office.

Sterling Law appealed the decision of the Home Office, who considered their marriage to be one of convenience and, therefore, refused the residence card and ordered the appellant’s removal from the UK.

The refusal was based on the fact that the marriage certificate was not sufficient proof of the existence of a genuine marriage, or relationship.

The couple were expected to provide evidence of financial ties and cohabitation throughout their relationship. Further issues arose on the day when the Home Office team visited the couple’s property, which the appellant shared with her husband and parents-in-law.

Immigration lawyer, Nollienne Alparaque acted on behalf of the client and clarified that when the Home Office team visited the appellant’s property, there was miscommunication between the officers and the appellant’s friend, who spoke very little English, and could not properly confirm the name of the appellant’s spouse. Moreover, there was no any evidence reporting the visit by the Home Office team.

As to the alleged lack of financial ties, it has been argued that the appellant could not open a bank account, because the Home Office had her passport.  The couple had demonstrated active communication through Facebook, phone calls and messages before they got married in Brazil.

To conclude, the decision of the Home Office to refuse the residence card was found not to be in accordance with the EEA Regulations 2016, and the appellant was entitled to the residence card as an EEA family member.

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