MD and Others (‘joining’, Appendix EU Family Permit) [2024] UKUT 64 (IAC) (26 January 2024)
Three siblings (the appellants), born to Mr. Dah and Ms. Felicia Pokuaa, applied for entry into the UK under Appendix EU (Family Permit) as family members of an EEA citizen. Their father, Mr. Dah, had moved to the UK while they stayed in Ghana with their mother. Mr. Dah later married Lydia Afua Opoku, a national of the Netherlands, in 2017. He obtained a residence card in July 2019, and Ms. Opoku got settled status in August 2020. The siblings applied for entry clearance and arrived in the UK in December 2021. However, upon arrival, their leave to enter was cancelled because the Immigration Officer found that their eligibility was based on Ms. Opoku’s presence or intended arrival in the UK, which did not happen. Additionally, their stepmother denied sponsoring their applications.
The First-tier Tribunal Judge granted the appeals of the appellants and concluded that Ms. Opoku, the relevant EEA citizen, was living in the UK when the children arrived in the UK. Therefore, the appellants met the requirement of travelling to the UK to join their father.
The respondent argued that the First-tier Tribunal Judge misinterpreted the Immigration rules concerning the requirements of FP6(1)(c) and FP6(1)(d) of Appendix EU (Family Permit). The respondent also pointed out a significant change in circumstances, as Ms. Opoku did not support the appellants’ applications and had separated from their father.
The Upper Tribunal found that the First-tier Tribunal Judge decision contained errors. The judge misunderstood the requirement of “joining” in FP6(1)(d) and overlooked Ms. Opoku’s lack of consent and support for the appellants’ applications. As a result, the Upper Tribunal dismissed the appeal. Therefore, the changed circumstances made them ineligible for entry clearance and the cancellation of their leave to enter the UK was considered proportionate.
Overall, Lumine Solicitors advise that future applicants should carefully consider the eligibility requirements, any changes in circumstances, and the proportionality of decisions in similar cases involving family permits under Appendix EU.
If you have any queries or require support with your immigration matter, please feel free to contact Lumine Solicitors on 020 39502246 or Contact Us HERE
