EEA Permanent Residence – Including Retained Rights

EEA Permanent Residence – Retained Rights – Successful Appeal 

Our client had instructed us in order to help him with his EEA Permanent Residence on the basis of his residence in the UK under the Surinder Singh Route. 

Brief Background: 

  1. Entered the UK under the Surinder Singh Route; 
  2. Divorce initiated after 3 years of marriage and over 1 year of living together in the UK; 
  3. Permanent Residence Applied on the basis of 5 years residence in the UK which included a period of residence under Retained Rights; 
  4. Application Rejected because former Spouse’s Passport was not provided; 
  5. Application submitted again and then Refused because of the same reason – no passport for spouse; 
  6. Appeal won on the grounds below. 

After filing his application the Home Office rejected the application on the basis that we had not provided the Sponsor’s Original Passport, although it had been declared on the cover letter that the passport was unavailable due to the divorce which the couple had gone through. 

After filing the application again the Home Office accepted the application but went onto refuse the Permanent Residence on the basis that our client could not provide his former EEA Spouse’s Form of ID. So on this occasion we were given a right of appeal which was exercised. 

The appeal was won for our client following our submissions whilst relying on the case of Barnett and others (EEA Regulations: rights and documentation) [2012] UKUT 00142 (IAC), in which the headnote states:

(1) In applications under the Immigration (European Economic Area) Regulations 2006, care must be taken to identify both the relevant rights being asserted and the relevant documentary confirmation which is being sought in respect of those rights.

(2) The requirement in regulation 17(1)(a) and (2)(a) for the production of a valid passport relates to the passport of the applicant, not the EEA national.

(3) The “proof” that the Secretary of State can lawfully require in applications under regulations 17 and 18 in order to entitle a non EEA national to a residence card (regulation 17) or a permanent residence card (regulation 18) may, nevertheless, depending on the circumstances, entail the production of the passport or other identity document of an EEA national; but it is unlawful to refuse applications merely because such documentation is not forthcoming. The Secretary of State needs to show a valid reason why it is required.

(4) This is particularly so in the case of regulation 18, given that there is likely to be relevant material relating to such documentation on file from a previous, successful, application.

Fortunately for our client the Immigration Judge of the First-tier Tribunal accepted our arguments and allowed our client’s appeal.

The Application and the Appeal was based on the provisions of The Immigration (European Economic Area) Regulations 2016.

Our client was shortly afterwards granted his Permanent Residence and is now continuing with his life in the UK which had become so difficult due to his ex-wife. 

What can we do for you?

If you need a solicitor who can help you with your EEA Permanent Residence regardless of how complex it is we can guide you through our expertise and assistance that has been given to many others.

If you would like to read more about our work on EEA Cases and Appeals you can read by clicking here: EEA Applications | Immigration Appeals. 

We are an Immigration Solicitors Firm based in Birmingham City Centre but can accommodate meetings in Manchester and London.

We are easy to find and you can contact us by clicking here. 

EEA Retained Rights Decision


Permanent Residence

settled and pre settled status

Settled and pre-settled status for EU citizens

Settled and pre-settled status for EU citizens is the latest development, which has been issued by the Home Office on 31 August 2018.

Apply for UK Visa in Birmingham an expert Immigration Solicitors Firm in Birmingham are pleased to give you some guidance on what this means and how we can help you if you are someone that needs this.

What does this mean for me?

If you are an EEA National who is in the UK you and your family will be able to either get a settlement status or a pre-settled status.

In brief it means you can stay in the UK after December 2020.

Certain people will not need to apply for this if they are already in the UK.

When does the scheme start?

The scheme as announced by the Home Office will fully open in March 2019.

The Home Office has set a deadline to make this application, which is 30 June 2021. However in certain circumstances you will also get to apply after this date such as if you are joining a family member in the UK with settled or pre-settled status.

Settled and pre-settled status

Either one of these status’ means that you will get to stay in the UK enabling you as an EEA National or as their family member to live and work in the UK.

If you get settled status it simply means that you can stay in the UK for as long as you like and apply for British citizenship when you meet the requirements.

If you get pre-settled status you can stay for a further 5 years from the date that you get the status.

Once you have reached 5 years you can apply for settled status and will also need to meet some requirements, which the Home Office will set out.

What rights do I have with settled or pre-settled status?

You can (depending on your circumstances) work in the NHS, use the NHS, enrol into education or continue studying, access public funds such as benefits and pensions, bring family members in to the UK 31 December 2020 and travel in and out of the UK.

What next?

You should get ready to apply for this visa if you fall into one of the following categories:

  • be an EEA citizen, or a family member of an EEA citizen

  • have been living in the UK continuously for 5 years (‘continuous residence’)

  • have started living in the UK by 31 December 2020

If you’ve lived in the UK for less than 5 years, you’ll generally be eligible for pre-settled status instead.

You’ll need to apply even if you are an EEA citizen married to a British citizen.

If you already have Permanent Residence you need to make sure that you apply for settled status before the deadline above as it will not be valid after 31 December 2020.

What can Apply for UK Visa do for you?

If you need to ensure that you are on the right track and do not fall foul of any of the requirements you can seek our assistance from now all the way to when you file the application.

We as an Immigration Solicitors Firm based in Birmingham, we specialise in Immigration Cases including EEA Application as shown on our page titled EEA Applications.

Our firm has helped many people in EEA Applications and will be ready ahead of the changes to guide many more people with the settled and pre-settled status applications to remain in the UK.

Simply click here and it will take you to our contact us page.