Successful appeal for a residence card as a former spouse of EEA national

Another successful appeal by Sterling Law at the First-tier Tribunal. The client is a citizen of Ukraine. She is a former spouse of an EEA national who has retained their right of residence. For that reason, the client applied for a Residence Card as confirmation of their status. 

However, this application was refused. This was on the basis that the client had failed to provide a valid national identity card or passport of her ex-husband. In addition, the applicant neither explained why they had been unable to provide this. 

We prepared a statement in support of the application. Sterling Law explained that the client has tried to contact their former spouse to obtain the original identity document. The client then planned to submitted it with their application. The former spouse, however, gave a negative response.

Subsequently, after receiving the refusal, the ex-spouse agreed to provide their original identity documents and registration certificate at the appeal hearing. Accordingly, copies of these documents were included in the appeal bundles prepared by Sterling Law.  

The Judge was satisfied with the explanation as to why the client was unable to submit the documents with the original application. 

For that reason, the client was successful in their appeal for the residence.

 

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