Prior to being disappointed because of having lost the case, we would advise to attentively check the grounds which the Home Office based its decision on.
The situation that will be presented below shows that even the Home Office can show low consideration of the specific case. An individual has referred to Sterling Law to provide legal representation in the case due to the refusal of her application for an EEA Residence Card as confirmation of her right to reside in the UK with her husband of British citizenship.
Our Client is a woman (further Appellant) who got married to a British citizen in 2013 in Afghanistan. By the date of the hearing, they were expecting the birth of their first child. In 2016 her husband was offered a good job in the Netherlands, so the family decided to relocate there permanently. He was the first who moved to start his new job and a few months later, the Appellant joined him. She applied for EEA Residence Card in the Netherlands as a confirmation of her right to stay with her husband as a family member. She has issued a Residence Card in the Netherlands. Everything seemed to be in order: well-paid job, new rental apartment, studying a new language, life was filled with new colors. The family could see a lot of bright prospects for their future in the new country. They did not have intentions to leave the Netherlands. However, life often has its own plans. Sometime later, they got news that the Applicant’s husband’s mother has seriously got sick in the UK. Taking into account the cultural specifics of the Appellant’s husband’s nationality (he was Afghan), the son was obligated to take care of his senior parents, especially if they were unwell. The family had no other choice but to go back to the UK to take care of the husband’s mother. She had limited capability of moving around the house and was suffering from instant pain in her joints. The Appellant provided significant help to her husband’s mother, such as feeding, cooking, helping to go to bed, etc. Upon arrival to the UK, the Applicant applied for a UK Residence Card as a confirmation of a right to reside in the UK with her British husband. However, the Home Office refused in issuing the Residence Card based on her situation assessment, saying that the Appellant could not meet the requirements of British immigration law.
We would like to provide the grounds of the Home Office refusal:
The Home Office concluded that the Applicant’s relocation to the Netherlands was not genuine, and was done in order to “circumvent domestic immigration laws”. In other words, the Home Office claimed that the Appellant decision to move to the Netherlands was something like a staging show with the only aim – to circumvent British law and to eventually receive UK Residence card. Secondly, the Home Office claimed that it was solely the Applicant’s initiative to come back to the UK, not her husband’s intention.
Moreover, it was concluded that the Applicant did not show that the center of her and her husband’s life was transferred to the Netherlands, practically no integration into new society has been conducted. And the accommodation they rented was just on a temporary base.
Sterling Law was appointed to represent the Appellant in this case, where we initially pointed out on the Home Office low consideration of the case and the numerous obvious evidence provided by the Applicant.
The first and furthermost fact is that throughout the entire Decision Letter the Home Office repeatedly referred to the Applicant has lived in “Ireland” instead of the Netherlands. This could not be considered just a minor error, but an example of how poorly the application was considered by the Home Office.
Based on the provided tenancy agreement, it was clearly seen that the Appellant’s family were planning to stay in the Netherlands not temporarily, but for a long period of time, if not permanently.
Numerous medical check-ups of the Appellant’s mother-in-law showed that she was indeed unwell and needed constant everyday care. Thus, the initiative of their relocation back to the UK was fully belonged to the Appellant’s husband, as it was his mother who needed help and physical support.
Later, the court concluded that relocation to another country could not be just a staging show, as it has been done so much by the family to move the center of their life to the Netherlands: find a new job, rent an apartment, study a new language, integrate into society. No doubts, the appeal was allowed by the Court. The Applicant was granted the UK Residence card.
Sterling Law was more than satisfied that the justice was served. We highly recommend to read through the Home Office decisions attentively, there can be some minor errors which do not influence the actual decision, but at the same there can be mistakes that completely change the outcome of the case, and even worse if this outcome is refusal or rejection of your application, like in the case described above.
This case reaffirms the statement of the prominent English philosopher John Locke, who said that “the end of law is not to abolish or restrain, but to preserve and enlarge freedom.”