We recently represented a client in a complex and sensitive appeal concerning her child’s application under the EU Settlement Scheme. The case raised multiple legal and procedural issues and ultimately led to the Home Office withdrawing its decision following our robust appeal submissions.
Our client’s son had applied for pre-settled status as a dependent relative of an EEA national; however, his application was refused. The refusal was fundamentally flawed because the Home Office assessed the application under the wrong legal provisions.
An administrative review was submitted shortly after the initial refusal. However, it took more than two years for the Home Office to respond. By the time a decision was issued, the mother’s relationship with the EEA sponsor had formally ended due to domestic abuse. In their review outcome, the Home Office acknowledged that the initial refusal was incorrect and should not have been made. Yet rather than granting the application, they issued a fresh refusal on new grounds, arguing that the applicant was no longer dependent.
It was at this stage that the mother approached us for assistance with her son’s appeal. We quickly identified the legal issues and inconsistencies in the Home Office’s decision. Our Immigration Solicitor, Soumaya Eddridi, prepared a comprehensive and carefully structured skeleton argument. The appeal focused not only on the legal definition of dependency under the correct rules but also on the relevance of domestic abuse to the breakdown of the relationship.
We supported the appeal with extensive evidence, a detailed witness statement and case law. Our submissions were clear, persuasive and firmly grounded in both the law and the facts of the case.
Following our representations, the Home Office reviewed the appeal skeleton argument and bundle and withdrew their decision before the case could proceed to a full hearing. This withdrawal meant that the refusal no longer stood and that the child’s application could now be considered afresh, this time on a correct legal basis and in light of the full facts.
This case highlights not only the importance of accuracy and care in Home Office decision-making but also the power of a well-prepared appeal. Where errors have occurred, particularly in sensitive circumstances involving children and vulnerable applicants, it is essential to challenge those decisions with clarity.
If you or your family have received a refusal under the EU Settlement Scheme or face issues around dependency, relationship breakdown or administrative delays, we are here to help. Our team has experience navigating even the most complex appeals and will work closely with you to achieve the best possible outcome.
