Successful Appeal against Refusal to Issue Residence Card to Dependant Relative of EEA National

Sterling & Law Associates LLP were successful in the appeal case at the First-Tier Tribunal (Immigration & Asylum Chamber) challenging the Home Office’s refusal of a client’s application for a residence card. The decision and reasons have been promulgated on 8 September 2017.

The appellant (non-EEA national) is a dependent relative of her son (EEA national). They have been living together and son has been taking care of his mother.

Mother’s application for a residence card was refused by the Home Office as they allegedly failed to provide sufficient evidence that her son was working in the United Kingdom, that she was dependent on him and that they actually resided together. These issues were challenged at the hearing and sufficient evidence was provided on behalf of the client in court.

The Judge asserted that in an EEA appeal he was required to determine it as at the date of the hearing not the date of the application to the Home Office.

At the appeal hearing the appellant adduced evidence of her son’s recently issued residence card which was treated as a confirmation that he has been exercising treaty rights in the United Kingdom. In support of the claim other evidence of dependency and residency was accepted.

Upon consideration of the appeal lodged by Sterling & Law Associates LLP on behalf of the client, the Judge held that the evidence provided was credible and sufficient and the issues raised in the refusal had been dealt with.

Therefore, the appeal under the Immigration (EBA) Regulations 2006 was allowed at the hearing.