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EU Settlement Scheme, Unmarried Partner & Covid

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This appeal relates to an application lodged by ICS Legal on behalf of the appellant under the EU Settlement Scheme, whereby she was an un-married partner and did not hold an EEA Residency Card, which was then wrongly refused by the Home Office and the First Tier Tribunal agreed with ICS Legal in allowing the immigration appeal.

Full facts of the case and what we did is enclosed. Please note due to data protection, the appellant's name or any relevant details are not enclosed. 

Summary case facts

The appellant and her sponsor are both EEA nationals however she could not enter the UK before the specified date. Their evidences were limited because of various locations they have lived together and her delay of travelling was based on a number of factors. 

The Home Office was challenging that the relationship was not durable prior to the specified date because on the lack of evidences. 

The appellant was appealing under the Immigration Citizen’s Rights Appeals (EU Exit) Regulations 2020 (the “Regulations”) against the Respondent’s decision to refuse her application for settled or pre-settled status under the EU Settlement Scheme as set out in Appendix EU to the Immigration Rules.

The appeal hearing at Birmingham IAC

The appeal was heard before the Judge of the First Tier Tribunal Chamberlain. It was heard on the 16th Feb 2023.

Both the appellant and the sponsor were found to be credible witnesses and through ICS Legal pre-conference prior to the hearing, helped them to prepare for the hearing & cross examination. 

The Judge made an important finding and made the following observations: 

The Appellant said she did not have any documentary evidence to show that they had been living together in Cyprus at this time. It was a verbal agreement, and all of the bills remained in the owner’s name. I accept the explanation for why there is no documentary evidence to cover this period, and I find that it does not detract from the oral evidence that they were living together. I further find that, while they were living in this accommodation in 2019, the Appellant and Sponsor adopted a dog, Latchi. I find that this is further evidence that they were in a relationship together and were not just housemates at the time.

The credability are critical on all immigration appeals and evidences alone are not sufficient to demonstrate the requirements of an applicable rule is being met. The importance of building a matter before the Tribunal on evidences are critical. 

The appeal was allowed by Judge of the First Tier Tribunal Chamberlain under the EU Settlement Scheme. 

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