Our client, a Brazilian National, joined her EEA national spouse in the UK many years ago. Later, her 2 children came to the UK to join their mother and stepfather. They all were granted residence cards several times. However, after 10-years in a relationship, our client got divorced. She and her children applied for permanent residence on the basis of the retained right of residence. However, their applications were refused.
The Home Office stated that our clients had not provided adequate evidence to show that their EEA national sponsor exercised his Treaty rights in the UK as a worker for a continuous period of 5 years.
At this stage, the family came to Sterling Law to seek Immigration advice.
In fact, two of the clients (mother and the youngest child) acquired Permanent Residence even in 2011 (under the Immigration (European Economic Area) Regulations 2016). However, as the older child turned 21 years after 4,5 years of continuous residency in the UK, he needed to show dependency on the EEA sponsor or his mother for remaining half a year to qualify for permanent residence. But during this time he was employed and was earning even more than his mother. Thus, he could not show the required dependency.
At this late stage, Sterling Law lodged an Appeal. The Judge was satisfied that sufficient evidence of ex-husband employment history was provided and thus, allowed the appeal in respect of mother and the younger child.
As the older child was not able to show dependency on his mother for the required period, he did not meet the requirements to obtain permanent residence. However, he is able to obtain leave to remain and Sterling Law is now lodging the application. But would he seek immigration advice before his 21st birthday, he might already become a British citizen.
Do not postpone your application.
Contact us should you have any immigration related question:
Tel. 020 7822 8535