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J.M. Wilson Solicitors has excelled in providing expert legal assistance since 1991. Highly professional staff are friendly and offering expertise in:
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    Successful appeal against Home Office decision not to grant client permanent residence in the UK

    We recently won an appeal challenging a Home Office decision not to grant our client permanent residence in the UK.

    Our client was resident in the UK as a family member of a European Union national, under the European Economic Area (EEA) regulations. She had five years leave to remain.

    Prior to her leave expiring, our client applied for permanent residence on the basis that her spouse had been exercising treaty rights for the relevant five year period as a job seeker and worker.

    The application was refused by the Home Office on two grounds:

    1. It did not accept that the EEA national had been exercising treaty rights
    2. It did not accept that our client had been residing in the UK for the relevant five-year period

    Our client came to us after she received the refusal and wanted us to submit an appeal on her behalf

    The issue in this case was that the EEA national was on Job Seekers Allowance (JSA) a number of times throughout the relevant period and at times longer than six months. On appeal, we argued that although the EEA national was on JSA at times and for more than six months, he was actively seeking work. We evidenced this through the numerous job interviews and courses the EEA national had attended. The Immigration Judge accepted that the EEA national was a person who had exercised treaty rights as a worker and as a person looking for work while on JSA.

    Regulation 6 of the Immigration (European Economic Area) Regulation 2006 states:

    (7) A person may not retain the status of a worker pursuant to paragraph (2)(b), or jobseeker pursuant to paragraph(1)(a), for longer than six months unless he can provide compelling evidence that he is continuing to seek employment and has genuine chance of being engaged.

    We argued the EEA sponsor clearly had a genuine chance of being engaged i.e. obtaining work given that he had always found work during the five years when he was not receiving JSA.

    The second point of refusal fell away as the Home Office had the client’s passport which clearly established that our client was resident in the UK.

    The appeal was successful and the Home Office has confirmed it will not appeal this decision any further. Our client is now awaiting her residence card granting her permanent residence in the UK.

    If you need any help or advice on immigration issues please contact us. You can phone, email, or attend one of our free drop-in sessions.