George Mavrantonis successful on EUSS challenge despite no “relevant document”

 

Under the old law, the EEA Regulations 2016, a non-EEA “extended family member” could apply to join their EEA sponsor if they could show dependency and/or membership of same household. Appendix EU, which now sets out stringent requirements for an application under the new post-Brexit EU Settlement Scheme (EUSS), requires that those non-EEA individuals must have previously held a “relevant document”, rendering a refusal very likely.

In Carvalho v. Secretary of State for the Home Department (2022), the Brazilian Appellant relied on his dependency to his EEA brother-in-law. Although it was accepted he never held a “relevant document” for the purposes of Appendix EU, George Mavrantonis representing the Appellant, persuaded the Court that nonetheless the Home Office’s decision was a breach of the UK-EU Withdrawal Agreement on public international law principles. FTTJ Beg agreeing, allowed the appeal under Regulation 8 of the CRA (EU Exit) Regulations 2020. Instructed by Vicente dos Santos of Khaneja Solicitors.

George Mavrantonis specialises on EUSS appeals, with an emphasis on extended family members who have never held a “relevant document” and on couples who entered into a marriage after the “specified date” of 31 December 2020. He can be instructed by calling the clerks on 0207 404 0875.