[2024] UKUT 00064 (IAC)

Appendix EU (Family Permit) sets out the basis on which a person will, if they apply under it, be granted an entry clearance:

“FP6. (1) The applicant meets the eligibility requirements for an entry clearance to be granted under this Appendix in the form of an EU Settlement Scheme Family Permit, where the entry clearance officer is satisfied that at the date of application:

(a)

The applicant is not a British citizen;

(b)

The applicant is a family member of a relevant EEA citizen;

(c)

The relevant EEA citizen is resident in the UK or will be travelling to the UK with the applicant within six months of the date of application;

(d)

The applicant will be accompanying the relevant EEA citizen to the UK (or joining them in the UK) within six months of the date of application; and

(e)

The applicant (“A”) is not the spouse, civil partner or durable partner of a relevant EEA citizen (“B”) where a spouse, civil partner or durable partner of A or B has been granted an entry clearance under this Appendix, immediately before or since the specified date held a valid document in that capacity issued under the EEA Regulations or has been granted leave to enter or remain in the UK in that capacity under or outside the Immigration Rules.

Insofar as is relevant, the words “family member of a relevant EEA citizen” are defined in Annex 1 as follows:

“a person who has satisfied the entry clearance officer, including by the required evidence of family relationship, that they are:

…

(d)

the child or dependent parent of a relevant EEA citizen, and the family relationship:

(i)

existed before the specified date (unless, in the case of a child, the person was born after that date, was adopted after that date in accordance with a relevant adoption decision or after that date became a child within the meaning of that entry in this table on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that entry); and

(ii)

continues to exist at the date of application; or

(e)

the child or dependent parent of the spouse or civil partner of a relevant EEA citizen, as described in subparagraph (a) above, and:

(i)

the family relationship of the child or dependent parent to the spouse or civil partner existed before the specified date (unless, in the case of a child, the person was born after that date, was adopted after that date in accordance with a relevant adoption decision or after that date became a child within the meaning of that entry in this table on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that entry); and

(ii)

all the family relationships continue to exist at the date of application; or

…”

Finally, insofar as cancellation, curtailment and revocation of leave to enter is concerned, the relevant provision of Appendix EU (Family Permit) here is paragraph A.3.4 (c):

“A3.4. A person’s leave to enter granted by virtue of having arrived in the UK with an entry clearance that was granted under this Appendix may be cancelled where the Secretary of State or an Immigration Officer is satisfied that it is proportionate to cancel that leave where:

…

(c)

Since the entry clearance under this Appendix was granted, there has been a change in circumstances that is, or would have been, relevant to that person’s eligibility for that entry clearance, such that their leave to enter ought to be cancelled”