What to do if Home Office alleges your marriage to be one of “convenience”: case study

The client, a national of Ukraine upon marriage on a Lithuanian citizen was issued a 5 year residence document, as her family member in 2011. In 2016, the client applied for a permanent residence card on the basis of the same relationship but his application was refused on the sole ground that the marriage entered in 2011 was of “convenience” within the terms of Regulation 2 of the Immigration (EEA) Regulations 2006 (The Regulations then in force). 

Sterling law lodged a notice of appeal on behalf of our client on the grounds that the Secretary of State for the Home Department had gone against the client’s right to respect for family and/or private life and that there was a breach of the duty owed to the client under Community treaties. 

At the hearing, oral evidence was given on behalf of both parties. Sterling Law instructed the Counsel to suggested that the evidence from the third party has not posed any significance on the nature of the relationship. We also pointed that Secretary of State suggested that there had been a failure to divorce rather than addressing whether this was a marriage of convenience or not. 

After seeking assistance from Sterling Law, our client collected enough evidence to support his application. Through evidence of cohabitation, a number of photographs taken on different occasions and other facts proving the relationship the judge was satisfied that the client and his wife had a genuine relationship as partners since they were married. 

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