At issue in the appeal was whether the judge applied the correct test to the issue of a durable relationship. At the judge concluded that their relationship only began in mid-2020 and “not much before they started to live together in July 2020.” 4. The judge found no reliable evidence of any relationship prior to 2020 and at of the decision pointed out inconsistencies between the evidence of the appellant and BT as to the circumstances of their claimed relationship.
The appellant had claimed that his relationship with BT began in 2017 and they had been living together since July 2020. However, the respondent did not accept that he could benefit from Regulation 7, as he made no application as a family member before the specified date of 31.12.20 and the marriage only took place after the UK’s withdrawal from the EU. At the First-tier Tribunal appeal hearing, the appellant, having married BT on 5.7.21, sought to amend his claim as a direct family member under Regulation 7 of the Immigration (EEA) Regulations 2016. The appellant, a national of Albania, has been granted permission to appeal to the Upper Tribunal against the decision of the First-tier Tribunal (Judge Swinnerton) dismissing his appeal against the respondent’s decision of 10.2.21 to refuse his application made on 16.12.20 for an EEA Residence Card as the durable partner of an EEA national, BT, exercising Treaty rights in the UK.
IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2022-006487 First-tier Tribunal No: EA/50276/2021 IA/01515/2021 THE IMMIGRATION ACTS Decision & Reasons Issued: On the Before UPPER TRIBUNAL JUDGE PICKUP Between Xhuljano Gega (NO ANONYMITY ORDER MADE) Appellant and Secretary of State for the Home Department Respondent Representation: For the Appellant: Mr C Timson of Counsel,instructed by Crystal Chambers For the Respondent: Mr S Walker, Senior Home Office Presenting Officer Heard by remote video at Field House on DECISION AND REASONS 1.
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