Daughter-in-law of an EEA national can stay in the UK
12.05.2021
Our immigration team achieved great success in representing a client in her appeal against the Home Office’s decision to refuse issuance of the Residence Card as an extended family member of an EEA national.
Our client, a Ukrainian national entered the UK as a Family Permit holder and was residing in the UK as an extended family member of an EEA national (her father-in-law was Portuguese). Our client lived with her husband and son, whose residence in the UK was also dependent on the same EEA national.
The family applied for Residence Cards under the European Community law. However, the Home Office refused to issue our client and her family Residence Cards on the basis of insufficient evidence of dependency on their EEA sponsor.
In the refusal letter the Home Office stated that printed envelopes and package labels showing our client’s address were insufficient evidence to prove that she was part of the household of the sponsor in Ukraine or UK. Also, there was not enough evidence to demonstrate that she was financially reliant upon the sponsor in Ukraine or the UK.
The family subsequently appealed against the Home Office’s decision to refuse their applications.
Shortly after the appeal was lodged, the Home Office issued Residence Cards to our client’s husband and son as direct family members of the sponsor. The client herself, however, was refused.
The client contacted one of our experienced immigration lawyers, Nozima, who successfully represented her in bringing an appeal against the Home Office decision. Sterling Law submitted that the client was dependent upon the sponsor both in Ukraine and the UK and formed part of the sponsor’s household in the UK, moreover, she was financially dependent on the sponsor in the UK and thus, the refusal to issue residence card was wrong in all the circumstances. After reviewing all the ample evidence, the First-Tier Tribunal decided that the Home Office’s decision to refuse to issue a Residence Card to our client was wrong. The Tribunal stated there was sufficient evidence to show that our client and her family were financially dependent on the sponsor and that she was part of the sponsor’s household in the UK:
‘…money transfers from the sponsor to the appellant and her family members in the Ukraine … are significant in value and extensive covering a significant period of time…’
And:
‘substantial evidence of a reliable nature to demonstrate that the appellant is part of the sponsor’s household in the UK … includes official documentation including the application for National Insurance number, HMRC documentation, confirmation of residence of all parties from the landlord and registration with a GP at the sponsor’s address…’
Therefore, the appeal was allowed and the client was permitted to stay in the UK with her family and obtain residence card, which allows her to exercise more rights in the UK, including the right to work.
Are you an extended family member of an EEA national and have been refused/or want to apply for a Residence Card/ pre-settled status to stay in the UK? If you are in a similar situation or should you have any other immigration-related query or issue, please do not hesitate to contact us.
