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26/01/17

Fighting Unjust Home Office Refusal

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KANGS discusses a current case involving a client whose Permanent Residence application under the Immigration (European Economic Area) Regulations 2006 (‘the Act’) for herself and her three children has recently been refused.

The History

  • Our Danish national client and her three dependant children arrived in the UK on 9th February 2005.
  • The children all attend school.
  • The family now has strong ties to the UK.
  • Our client’s treaty rights in the UK have been continuously exercised for a period exceeding five years.

The Act’s  Requirements

Regulation 18 provides:

(1) The Secretary of State must issue an EEA national with a permanent right of residence under regulation 15 with a document certifying permanent residence as soon as possible after an application for such a document and proof that the EEA national has such a right is submitted to the Secretary of State.

Refusal and Representations

  • Our clients application was refused by the Home Office on the basis that the applications were not supported by valid ID
  • She was refused a right of appeal
  • She was invited to make a new application and pay a further fee of £260.00.

During detailed discussions and a thorough examination of our client’s documents, we established that there existed sufficient evidence that she satisfied the numerous requirements for permanent residence under the Act. It is quite clear that the decision maker at the Home Office has failed to properly consider our client’s application and supporting documents. Accordingly, a reconsideration of  the refusal has been requested upon the basis that the Home Office has made an unjust, unfair and unreasonable decision.

The Home Office frequently fails to follow the prescribed procedures and this case is a typical example.

How Can We Help?

At Kangs Solicitors we have an experienced team of immigration lawyers who regularly advise and assist clients with immigration status issues ni the UK.

We have a proven track record of successfully advising and guiding clients through their immigration applications and appeal process.

Who Can I Contact For Help?

Please feel free to contact our Immigration Team through the following who will be happy to speak to you and guide you:

CONTACT:

Email: info@kangssolicitors.co.uk or call 0333 370 4333

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