Sri Lankan National With EEA Partner But Limited Leave To Remain
- Personal Immigration
- EEA Law
Issues Client Faced
- Human rights
- Health complications
- Treaty Rights
LUPINS assisted a Sri Lankan national holder of limited leave to remain, which was due to expire within a month. The client approached us with her EEA partner and confirmed that he was in a genuine relationship with his partner and his relationship with his ex spouse had ended, his ex spouse had returned to Sri Lanka and he was still in the UK as her dependant.
We made an application on behalf of our client and her partner to the Home Office, we submitted that they were durable partners and they both exercised treaty rights in the UK. This application was refused by the Home Office; we lodged an appeal to the first Tier Tribunal. The Judge at the first tier Tribunal wrongly concluded that the client and partner had to live together and had failed to show durability of their relationship. We appealed to the Upper Tribunal.
We succeeded at Upper Tribunal. The Deputy Judge accepted our arguments that there was no need for a couple to live together to show durability of their relationship. The client while still married had formed a relationship with his current partner and there were sufficient evidence to show that the relationship was durable. The Home Office agreed with the Upper Tribunal and granted our client 5 years residence card.
What The Client Said
“I am very satisfied with the outcome of my case. I would definitely recommend LUPINS, they are flexible, trustworthy and have charged me reasonable fees.”