If your EEA Family Permit or Residence Card has been refused, it can be a stressful and upsetting experience. Many families face this issue, especially with the ongoing uncertainty around the rights of EEA nationals in the UK. If you are in this situation, it’s important to know that there are steps you can take to appeal the decision and potentially reverse the refusal.
Why Might Your EEA Family Permit or Residence Card Be Refused?
There are several reasons why the Home Office might refuse an EEA Family Permit or Residence Card. Some common reasons include:
- Not meeting the eligibility requirements for family members of an EEA national
- Issues with proving dependency or the relationship with the EEA national
- Failure to provide sufficient supporting evidence or documents
- Being threatened with removal despite having a valid right to reside in the UK
In these cases, you may have the right to appeal the decision and challenge it in court.
What Are the Grounds for Appealing?
You can appeal a refusal if:
- Your EEA Family Permit, Residence Card, or Permanent Residence Card was refused
- You are being threatened with removal even though you have retained the right to reside in the UK (under principles like Zambrano or Surinder Singh)
- You believe the wrong regulation or policy was applied to your case
Appealing a decision can involve submitting new evidence or legal arguments that challenge the refusal.
How Does Brexit Affect EEA Applications?
The impact of Brexit has complicated the status of EEA nationals and their families. While the UK formally left the EU, the rules around EEA family members’ rights are still evolving. This uncertainty makes it even more important to seek expert legal advice if your application is refused.
How to Appeal a Refused EEA Family Permit or Residence Card
If your EEA Family Permit or Residence Card is refused, you have the option to appeal the decision. The process involves several steps:
- Consult an Immigration Lawyer: It’s important to seek legal advice as soon as possible. An experienced lawyer will help you understand the reasons for the refusal, whether there are grounds for appeal, and what evidence you need to present.
- Appeal Process: You will need to submit an appeal to the First-tier Tribunal. Your lawyer will guide you through the process, ensuring all necessary documents and evidence are included.
- New Evidence: In some cases, you may need to submit new evidence to support your appeal. This could include proving your relationship with the EEA national or showing your dependency on them.
- Reconsideration of Your Case: Under certain policies, the Home Office may be willing to reconsider a refusal if you present new, compelling evidence or challenge the law that was applied in your case.
Can Extended Family Members Appeal?
In the past, extended family members (such as cousins, uncles, or aunts) of EEA nationals did not have the right to appeal a refusal. However, the Khan v Secretary of State decision in 2017 changed this. Now, extended family members who meet the requirements for a residence card may have the right to appeal a refusal, depending on when the decision was made.
When Should You Appeal, and When Should You Reapply?
After a refusal, you may have the option to either appeal or resubmit a new application. Your lawyer will assess your case and advise on the best course of action. Sometimes, it’s quicker and more effective to reapply with updated evidence, while in other cases, an appeal is the best option.
Key Tips for a Successful Appeal
- Gather all necessary documents: You will need to provide supporting documents to prove your relationship and residency in the UK.
- Act quickly: There are strict deadlines for submitting an appeal. If you’ve been issued a removal notice, this will include the timeline for your appeal.
- Seek expert advice: Immigration law can be complex, especially with the effects of Brexit. Having an experienced lawyer on your side can greatly improve your chances of success.
If your EEA Family Permit or Residence Card is refused, it’s not the end of the road. Many refusal decisions are successfully overturned on appeal. Seeking expert legal help is key to improving your chances of a successful appeal. At Law and Visas, we can provide you with the guidance and support you need to challenge a refusal and achieve a positive outcome.
Our team has a strong track record of helping clients with EEA family visa appeals and other immigration matters. If you’re facing a refusal, don’t hesitate to get in touch with us for professional advice and support.
