Tag: Residence card

Right of residence granted to an Extended Family Member of EEA National after refusal based on insufficient evidence

Turkmenistan National has appealed against the decision made to refuse his application for a residence card as an Extended Family Member of European National who is exercising treaty rights in the UK. The client was in unmarried partnership when they applied for a residence card, which was refused on the basis that the client has not provided enough evidence to prove a durable relationship with their partner. Their relationship began and progressed as a long distance relationship due to the clients return to Turkmenistan. The client has kept in contact on regular basis and continued the long-distance relationship with their partner. Three years later, the client has returned to the UK and started living together with their partner.

The Home Office had refused the initial application. This was done on the basis that the Applicant has failed to evidence that their relationship with the sponsor was durable, as they failed to submit sufficient evidence to prove they stayed in contact while being in a long distance relationship. Furthermore, the Home Office argued that the evidence the client provided to prove that they started living together was insufficient, as they only provided one gas bill.

Our lawyer Nollienne appealed against this decision, arguing that the client has submitted a significant body of documents which included different identity documents, payslips of their partner showing that they are exercising their treaty rights in the UK, variety of letters proving cohabitation with the sponsor, such as bank statements, utility bills, phone bills. Also, messages and conversations between the applicant and their partner were submitted together with photographs, proving their relationship.

The Judge was satisfied with the evidence submitted, as it was heard that the client and their partner have started introductions between their family members, showing clear intent to marry. With the consideration of all of the documents submitted and the oral evidence given in court, confirmed the durable nature of their relationship. Consequently, the Judge allowed the appeal, stating that the Appellant is entitled to be issued with a Residence Card.

Nollienne Alparaque 

Email: nollienne@sterling-law.co.uk

Tel. +44 (0) 20 7822 8535
Mob. +44 (0) 0781276 9389     

Appeal Granted Following Exceptional Case Preparation by Sterling Law

Sterling Law was recently instructed by a Ukraine national in an appeal case. The client was granted a residence card when she married a Lithuanian national in 2012. This residence card expired on 7 March 2018. Unfortunately, the couple separated and divorce proceedings were initiated on 10 October 2017 but it is unsure whether the marriage has been fully terminated. The client made an application for a new residence card on 11t September 2017 on the same grounds but this application was refused due to a number of reasons alleged by the Secretary of State namely; the marriage was allegedly one of convenience, the client’s husband had a number of financial links and the passport submitted by the client’s husband in her application was not valid.  

The Judge noted the fact that Secretary of State failed to adduce evidence on the assertion that the client’s marriage was one of “convenience”. Besides that, the Secretary of State also claimed that the passport submitted by the client’s husband in the application for a residence card was invalid. This is because the Lithuanian passport had allegedly been reported “lost or stolen”. The quick thinking lawyers at Sterling Law sought to get a letter from the client’s husband to be adduced as evidence. This letter was necessary to confirm that his passport was submitted with the application and was not reported lost or stolen. The Judge considered this letter credible. The Judge further noted that the Secretary of State failed to produce evidence to prove that the Lithuanian passport in question was ever reported lost or stolen by the client’s husband. On the other hand, with regards to the assertion that the client’s husband is involved in economic activity, the Judge found that this assertion has “no bearing whatsoever on the question whether his marriage” to the client was one of convenience. As a result of the lack of relevance of this issue the Judge did not take this point into consideration when making the decision. 

In the appeal hearing, the Judge was impressed by the preparation of the case. The Judge particularly complimented the witness statement and appeal bundle prepared by the experienced lawyers at Sterling Law. In addition, the Judge was also impressed by the “professionalism and candour” of the Counsel instructed by Sterling Law. 

The Judge concluded that the Sterling Law’s client provided an “entirely credible explanation” and the client “must succeed in her appeal”. 

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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.

 

 Tel. +44 (0) 20 7822 8535

Fax: +44 (0) 20 7183 7379

E-mail: info@sterling-law.co.uk

UK Immigration Assistance

For expert advice and assistance in relation to your particular immigration case and to enquire about the immigration and legal fees, please contact our immigration lawyers on Tel. +44(0)20 7822 8535, Mobile / Viber: +447463382838, or via our online appointment booking form.