EEA Retained Right of Residence Appeal Allowed

Oksana Demyanchuk and her team at Sterling Law were successful in yet another appeal in relation to Regulation 10 of the Immigration (European Economic Area) Regulation 2016.

Regulation 10 deals with non EEA nationals who have retained their rights of residence in the UK following the breakdown of their marriage to an EEA national. In the present case, the Home Office sought to argue that the relationship between the Appellant and his former EEA national spouse was a sham based on a visit conducted by Immigration Enforcement to his home.

Following the visit, Home Office was not satisfied that the relationship was genuine because of a limited contact, and that the Appellant had failed to provide adequate documentation to evidence the same.

The Appellant’s application for a Residence Card was then refused by the Home Office and so an appeal was lodged by Sterling Law.

The Immigration Judge allowed the appeal noting that

The Appellant’s documentation submitted in support of the appeal fully addressed and countered the Respondent’s objections.

The Judge further clarified that he found the reasons for the refusal were not legal, not valid and not factually correct.

Because of this the Judge proceeded to allow the appeal at the hearing, finding that the Appellant was entitled to a Residence Card.

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