Permanent residence – out of time appeal

Our client approached Sterling Law after her application for permanent residence as a family member of an EEA national who had retained the right of residence following the end of her marriage had been refused by the Home Office.

After the breakdown of her marriage, our client applied for permanent residence on the basis that she had retained the right of residence following the divorce. However, the client was unable to obtain documents from her ex-husband, most notably she was unable to obtain his passport or national identity card and she had insufficient evidence that he was exercising Treaty rights at the time divorce proceedings began. The Home Office took objection to this and therefore the application was refused.

The client’s legal representatives at the time advised that there were no merits to an appeal and so the client did not lodge an appeal within the prescribed 14 days from the date of refusal. However, after approaching Sterling Law and Oksana Demyanchuk, it was advised that an appeal did have merit. Accordingly, an out-of-time appeal was lodged by Oksana Demaynchuk and the Tribunal accepted the reasons put forward as to why the appeal was lodged out-of-time and concluded that, in the interest of justice, the appeal should be allowed to continue.

At the appeal hearing, it was submitted that the reasons for refusing the application were unlawful. It was submitted that the EEA Regulations cannot service to impose additional requirements to the Citizens Directive (Directive 2004/58/EC of the European Parliament and of the Council), and therefore, the Tribunal was invited to revert to the Directive in considering whether or not the client meets the requirements for a grant of for permanent residence as a family member of an EEA national who had retained the right of residence.

After considering the bundle of documents submitted by Sterling Law as evidence that the client does, in fact, meet the requirements, and the arguments put forward at the hearing, the Judge allowed the appeal.

 

Oksana Demyanchuk

Email: oksana@sterling-law.co.uk

Tel. 020 7822 8535

 

Michael Carter

Email: michael@sterling-law.co.uk

Tel. 020 7822 8535