EU Settlement Scheme Application Refusal Overturned

Summary

The client who is a Philippines national who was also in the process of being naturalised as an Italian citizen, applied under the EU Settlement Scheme (EUSS) to stay with her partner who had settled status in the UK. The client and her partner had lived together in Italy before her partner moved to the UK. The Home Office refused the client’s application as she did not fall under the definition of a durable partner or an extended family member in the UK under the EUSS.

The challenge

There have been two recent cases in relation to EUSS and what can be defined as extended family members of someone who has pre-settled and settled status in the UK. The cases of Batool and Celick, the Court ruled that extended family members including unmarried partners cannot rely upon the Withdrawal Agreement or the immigration rules in order to succeed in an appeal under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020. The Court further ruled that an appeal under the EUSS cannot rely on Article 8 of the ECHR. We had written to the Home Office requesting permission to consider the case under Human Rights, however we did not receive any response from the Home Office and the case proceeded to a hearing.

The solution

During the hearing, I argued that the fact of the case demonstrates not only how the Appellant is affected by the outcome but that the effect can be extended to relatives as well and consideration must be given to how family members can be affected. The Judge accepted the alternative argument and, in his determination, stated that he found the relationship to be durable and the client had a lawful basis to stay in the UK and allowed the appeal.

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