Successful appeal for a residence card as a former spouse of EEA national and a fee award
Another successful appeal by Nataliya Varahash at the First-tier Tribunal.
The client is a citizen of Ukraine who was a former member of an EEA national who has retained their right of residence. For that reason, the client applied for a Residence Card as confirmation that they had retained their right of residence. However, this application was refused on the basis that the client had failed to provide a valid national identity card or passport or a valid reason as to why they had been unable to provide this for their former spouse, as per requirement.
In the statement prepared by Nataliya Varahash in support of the application, it was explained that the client has tried to get in contact with their former spouse, in order to obtain their original valid identity document, which should have been submitted with their application, but was unsuccessful and received a negative response from their former spouse. Subsequently, after the refusal was received, the ex-spouse has stated that they would be willing 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 Nataliya Varahash and her team.
The Judge was satisfied with the explanation as to why the client was unable to submit their former spouse’s identity documents with the original application and has provided the relevant documents before the judge at the hearing. For that reason, the client was successful in their appeal and has received a fee award.