EEA Residence Card Appeal success: Below is a summary of how we assisted one of our clients who was the dependent mother of an EEA National in the UK
Twelve years ago, our client applied for and was granted Entry Clearance with a Right of Residence in the United Kingdom to join her EEA daughter on whom she was dependent. Her Right of Residence as a Family Member was valid for five years
Five years after her entry to the UK, and without the benefit of legal advice she applied for a further Residence Permit instead of Permanent Residence which she would have been entitled to. A few months later she was issued with a further five-year Residence Permit as the Family Member of an EEA national.
Shortly before the expiry of her Residence Permit—again without the benefit of expert legal advice—our client applied for Permanent Residence. However, not being aware of changes in the Rules and Home Office Guidance for such applications, she submitted an application without all the relevant documents, believing, as in the past, if anything was missing that the Home Office would simply write to her to request additional evidence.
Instead, the Home Office issued a refusal letter to this 78-year-old woman advising her that she had no legal right to remain in the UK and should either appeal or make arrangements to leave the County.
The client’s family were understandably shocked and concerned for the future of their mother, so they reached out to A Y & J Solicitors for help.
An appeal was lodged with detailed grounds to the First Tier Tribunal (FTT) and the matter was listed for hearing almost one year after this appeal was lodged. It is worth noting here that in circumstances where a client is in compelling and compassionate circumstances, A Y & J Solicitors can submit detailed representation to request to have their appeal hearing expedited. We were successful in this request.
As the client and her family lived outside of London, were employed, and could not take time off to travel to AY &J Solicitor’s offices in Central London, the case was prepared with emails and lengthy telephone conversations. Detailed Appeal statements were drafted, and relevant evidence of dependency acquired.
The Appeal hearing was listed for 10 am on a Monday morning. On the Friday before, A Y & J Solicitors made contact with the Home Office Presenting Officer who was tasked with representing the Home Office at the Appeal. A discussion was had and a request that the Home Office consider the evidence and reconsider the decision was made. It was in our professional view that it was abundantly clear that the Home Office records would show that this client had been dependent on her EEA National daughter in the UK for over ten years. Clearly this was a client who had aged and become more dependent.
It was with delight that A Y & J Solicitors made the telephone call to the client to tell her that she did not need to spend two hours travelling to the hearing, and she did not need to spend the weekend fretting about the hearing or whether she would be granted Permanent Residence and be able to remain with her daughter and her grandchildren in the UK. Her application was approved due to our tenacity and expertise.
It is our view that this should never have reached the Tribunal. It should have been a straightforward application given the facts.
It is our view that this should never have reached the Tribunal. It should have been a straightforward application given the facts. However, it demonstrates the importance of getting the application form and evidence right the first time. Had the client and her family sought expert advice from a qualified immigration firm such as A Y & J Solicitors, the application would have been completed correctly and all relevant evidence submitted. Our client, like so many others, was unaware of the current “hostile environment” the Home Office has created for all migrants in the UK regardless of their circumstances.
We are happy to have helped our client obtain Permanent Residence in the UK to enable her to continue living with her daughter, son-in-law and grandchildren. She no longer fears that she will have to leave the country.