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Successful EEA Appeal For Married Couple


Mrs C, Ghanaian national, arrived in the UK in November 2012 on a six-month Standard Visit Visa and overstayed in the UK ever since. Shortly after in 2013, she met her partner, an EEA national. They had been living together since 2013 and married by proxy in 2016.

In April 2019, Mrs C had applied for a Residence Card to confirm she was a family member of a European Economic Area (EEA) national who was exercising his Treaty rights in the UK. In May 2019, Mrs C and her spouse were invited for an interview by the Home Office. The couple attended and were questioned by the Home Office separately. Unfortunately, in July 2019, the Home Office refused Mrs C’s application for a Residence Card on the basis that her marriage was one of convenience.

The application was refused solely because of a marriage interview which took place on 26 July 2019. Due to discrepancies in Mrs C and her spouse’s answers, the Home Office concluded that the marriage was not genuine.

How AY&J Solicitors helped

We advised Mrs C to appeal against this decision under Regulation 36 of the Immigration (European Economic Area) Regulations 2016, as she informed us that her marriage was indeed a genuine one. After reviewing the refusal decision, it was clear that the reasons for refusal were unreasonable. Mrs C and her husband were asked over 300 questions during the interview, and they provided the same answers. The discrepancies occurred due to the way the questions were asked. Also, the couple were nervous.

The Home Office has the burden of proving a marriage was one of convenience. They had not provided reasonable grounds for refusal, as the couple had plausible explanations for the alleged discrepancies outlined within the refusal decision.

The caseworker assigned to Mrs C drafted the grounds of appeal, setting out relevant case law in support of Mrs C’s appeal and we lodged the appeal in-time.

Thereafter, the caseworker had a meeting with Mrs C and her husband and requested responses to each of the refusal grounds put forth by the Home Office. Mrs C and her spouse provided their explanations, which formed the basis of their witness statements, drafted by Mrs C’s Solicitor.

We then requested Mrs C obtain evidence to support the appeal. The documents formed a part of the appeal bundle. We prepared three appeal bundles and submitted them to the relevant parties.  We then instructed experienced counsel who represented Mrs Cs on the date of hearing.


Four weeks after the date of hearing, we received a decision from the First-tier Tribunal (FtT) confirming that Mrs C’s appeal had been allowed. The FtT Judge agreed that Mrs C and her spouse were indeed a genuine couple, and the decision of the Home Office was incorrect.

A Y & J Solicitors

A Y & J Solicitors is a multi-award winning, 14+ years experienced, recommended by Legal 500, boutique UK immigration law firm based in Central London. Having assisted 5000+ clients, we are well equipped to help you with our ‘In It To Win It’ approach. For your assurance and confidence, we are pleased to share our trust rating of 4.9/5 based on 1000+ reviews on Trustpilot & Google.

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A Y & J Solicitors’ Review

Geetabahen Anupkumar Desai gave A Y & J Solicitors 5 stars via @Trustpilot

I know A Y & J Solicitors for many years now and instructed them for various UK immigration matters. But specially I like to talk & thank about my mother’s latest EEA residence permit under ‘Surinder Singh’ route that has been approved in the ‘First instance’. It was a very complex immigration application under EU regulation but with the help of YDVISAS and team, this became a dream come true. I always received a full assurance and a complete hand holding support throughout the application process. I am united with my mother in the UK with the top technical knowledge of EU regulation, relentless efforts and honest – humble approach of A Y & J Solicitors. Saying ‘Thank you’ won’t be enough here, having my mother with me in the UK is a lot more than any words I describe my appreciation with. I highly recommend A Y & J Solicitors to anyone who is looking for professional support in relation to UK immigration including EU regulation / Surinder Singh route.

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