[2024] UKUT 00064 (IAC)

In summary, the FtT judge recorded the undisputed facts at paragraphs [10] to [13] of her decision. She noted the appellants are the children of Mr Duah and that he is married to Ms Opoku, an EEA national resident in the UK with leave under Appendix EU. She noted that Mr Duah had been granted settled status on 7 July 2022 and that both he and Ms Opoku were employed in the UK when the appellants arrived on 2 December 2021.

The judge went on to refer to the applications made by the appellants and the reasons provided by the respondent for cancelling the entry clearance to the appellants following their arrival in the UK. She noted the claim made by the respondent that as at 29 December 2021 (the date of the decision to cancel the entry clearance granted) there has been a change of circumstances that is, or would have been, relevant to the appellants’ eligibility for entry clearance.

The judge found that Mr Duah and Ms Opoku remain married, and that the appellants are ‘family members of a relevant EEA citizen’ as defined in Appendix EU (Family Permit). That is, they are the children of the spouse or a relevant EEA citizen, and that all the family relationships continued to exist at the date of application.

At paragraphs [23] and [24] the judge said:

“23.

I find on balance the above evidence satisfies that Lydia was resident in the UK when the children arrived on the 02 December 2021. I therefore find on balance the Appellants satisfy the requirement that they travelled to the UK to join the relevant EEA citizen and their father in the UK.

24.

As regards the change in circumstances, I find on balance, Mr Duah’s evidence satisfies that Lydia gave her documents to be submitted with the Appellants applications to join them in the UK. I find the Home Office Guidance dated 06/04/2022 on FP6 (1) (c ) and FP6 (1) (d) of Appendix EU (Family Permit), only requires the EEA citizen to be resident in the UK before the Appellants arrival and not her consent (page 53. I find on balance the unchallenged evidence satisfies, that Lydia has been resident in the UK, since the 01 January 2015. She was at work in the UK when the Appellants arrived on the 02 December 2021 to join her and their father.”