•  
    Mon-Fri 9am-6pm
  •  
    0333 344 7237
    (UK Local Number, 1p per min)
  •  
    info@icslegal.com
  •  
    ICS Legal Suite 11, City Business Centre,
    Lower Road, London SE16 2XB
  •  
    Sat-Thur 10am-7pm
  •  
    +880-1762062834
  •  
    info@techics.com
  •  
    Tech ICS West World, 6th floor Office 712-713 Jallarpar Road, Zindabazar Sylhet
PLEASE SELECT

Page Title

EEA Family Permit, Derivative Rights of Residency

Case facts

The Appellant & her son applied to join her 2 daughters, who were EEA nationals in the UK and exercising their treaty rights. The application was complex and came with previous refusals. 

Previous decisions meant that the new application had to be completed with careful checks and ensure we did not damage the credibility of the Appellant and her son. 

Outcome of the matter

The new application under derivative rights of residency was lodged however the application was refused on the 1st of April 2019. The refusal contained a number of legal errors, as the application was considered under Regulation 7 and not under Regulation 16 of the EEA Reg 2016.

The appeal was lodged and we provided detailed grounds for the ECM to review the decision. The Home Office ignored our request, so this was a point we raised at the First Tier Tribunal. This was set out in Regulation 36 of the EEA Regulation 2016. 

We needed to make sure that the Home Office were well aware of the issues we wish to raise, so that, if the matter was listed at the First Tier Tribunal, the Home Office was not able to raise issues and asking for further adjournments to the appeal hearing. The ECM reviewed the decision however did not overturn the decision. 

The First Tier Tribunal set an appeal hearing date on the 20th January 2020. We prepared the Client's appeal bundle, which included detailed witness statements and skeleton arguments, drawing in starred case laws, and this was served to all interesting parties prior to the scheduled appeal hearing. The Sponsor's were concerned that their mother, the Appellant, could not come and join them in the UK. 

On the 20th January 2020, the matter went before IAC Hatton Cross. The First Tier Tribunal Judge Ruddick, was presented with the case and we argued that the Appellant maintained the parental rights of the 2 Sponsor's in the UK and that failure to grant leave to enter to the Appellant, will ask the Sponsor to leave the UK & not be able to exercise their treaty rights, as they were in full time education. 

There were 4 witnesses at the tribunal hearing, all submitted their witness statements, and adopted those statements at the hearing. 

We raised a number of strong grounds, and it important to note that when EU rights are engaged, so too is the Charter of Fundamental Rights, including the right to respect for family life (Article 7 of the Charter) and the obligation to take into account the best interests of the child (Article 24(2) of the charter. 

The Judge agreed we demonstrated that the Sponsor's held comprehensive sickness insurance and also were self-sufficient, meeting Regulation 6 of the EEA Reg 2016. The Home Office did not challenge the evidences and grounds we raised. 

The First Tier Tribunal Judge agreed that the Appellant had met the threshold and the appeal was allowed. The decision was not challenged by the Home Office and the Appellant was granted an EEA family permit. 

End.

ICS Legal : UK Immigration Advice | UK Visas | Partners & Marriage Visas | Tier 1 Start-up, Tier 1 Innovator & Tier 1 Investor Visas | British Citizenship. ICS Legal is part of ICS Legal Immigration Specialists Ltd. The content and the source codes contained in this page and subsequent pages of www.icslegal.com are the property of ICS Legal Immigration Specialists Ltd. Company Reg Company No. 08703375. Company Registered in England & Wales. By logging into the site, you have accepted our terms and conditions and must abide accordingly. Unauthorised reproduction and copying is strictly prohibited. Selective contents of the website have been re-produced in accordance to Office of Public Sector Information (OPSI). ICS Legal Immigration Specialists Ltd holds PSI Licence and licence number is C2009002244. Parliamentary Licence number is P2009000241. 
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms, and that they comply with them.