Mon-Fri 9am-6pm
    020 7237 3388
    (UK Local Number, 1p per min)
    ICS Legal, Suite 11, City Business Centre,
    Lower Road, London SE16 2XB

EEA Family Permit, family life as a Partner, First Tier Tribunal determination dated 15th Dec 2019

Card image cap

EEA Family Permit, family life as a Partner

Case facts

The Appellant applied to join her husband in the UK and prior engaging with ICS Legal, had applied for the EEA Family Permit three times, all three refused, with various grounds and appeal rights exhausted. 

The decision letters raised a number of issues, related to the relationship, the intention to live together and the Sponsor's ability to support his wife in the UK. The marriage of convenience was raised and there was strong evidences to suggest that the information were not consistent. 

Outcome of the matter

The Sponsor contacted ICS Legal, following the appeal rights exhausted and we analysed the grounds of refusal, the application & evidences. Following this, we lodged a new application with new evidences and information, as well as drafting detailed grounds of representation.

The application unfortunately was refused on the 28th February 2019. The decision was based on an unannounced interview that took place between the Home Office & the Appellant/Sponsor. The issue of marriage of convenience was raised and the Home Office refused the application. 

We assessed the findings and found that given there was no material evidences issues as with the last applications or the information provided at the date of application was correct, the appeal process was advised. 

The appeal with full detailed grounds and evidences were lodged. 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 6th of December 2019. 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. 

On the 6th of December 2019, the matter went before IAC Taylor House. The First Tier Tribunal Judge Peer was presented with the case and we argued that the Appellant & Sponsor are in a genuine and subsisting relationship. We drew the Judge to the issues on the interview and provided the Judge with matters that was not really relevant, that had been drawn by the Home Office. The only argument the Home Office Counsel raised was the issue of the interview notes, as the appeal bundle & the application contained material evidences to support the relationship. 

Right to family life Article 8 ECHR could not be raised but we demonstrated the mental impact as well as the impact to their family life should be considered in light of the EEA Regulations 2016. 

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. 


Related Cases

Immigration Deportation Order, First Tier Tribunal determination dated 14th January 2013

Immigration Deportation Order  Case facts The Home Office served the Appellant on the 14t...
Read More

Appendix FM, family life as a Parent, First Tier Tribunal determination dated 5th Nov 2012

Appendix FM, family life as a Parent Case facts The Appellant held leave to remain under ...
Read More

Adult Dependant Relative, Appendix FM Immigration Rules, First Tier Tribunal determination dated 11th Oct 2019

Adult Dependant Relative, Appendix FM Immigration Rules Case facts The Sponsor applied for his...
Read More

Adult Dependant Relative on Human Rights Grounds, First Tier Tribunal determination dated 11th Sep 2019

Adult Dependant Relative on Human Rights Grounds Case facts The Appellant arrived in the UK as...
Read More

Private Life on Human Rights Grounds, First Tier Tribunal determination dated 20th Aug 2019

Private Life on Human Rights Grounds including a judicial review application Case facts The Ap...
Read More

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.

Stay in touch

Subscribe to receive our latest immigration alerts