Successful Appeal against Refusal to Issue a Residence Card to Spouse 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 residence card.

The appellant, a citizen of Colombia, entered the United Kingdom in April 2013 as a student. Later, he extended his visa for two more years. During the term of his visa he married a Lithuanian national and later applied for a residence card as a spouse of an EEA national under Regulations 7 and 17 of the Immigration Regulations 2016.

During consideration of the application, the couple was interviewed by the Home Office on their marriage and life together. The application was then refused on the basis that it had not been shown that the sponsor was working in the United Kingdom and, thus, was not recognised as a qualified person.

There are 5 status categories recognised as a qualified person: job-seeker, worker, self-employed person, self-sufficient person or student.

In this case, no evidence of employment was provided at the date of application because the sponsor had just changed her job. The sponsor, however, had a long history of employment with some short intervals when she was unemployed but registered as a jobseeker. These particular issues were addressed at the hearing and sufficient evidence was provided on behalf of the client at the tribunal.

Upon consideration of the appeal lodged by Sterling & Law Associates LLP on behalf of the client, the Judge held that the sponsor was a worker and that the evidence provided was credible and sufficient.

Therefore, the appeal was allowed on immigration grounds.