“The Withdrawal Agreement lies at the heart of this case. It is therefore necessary to examine, in some detail, how the Withdrawal Agreement applies to a person, such as the appellant, who was (or may have been) in a durable relationship, prior to 31 December 2020, with an EU citizen but who did not marry the EU citizen until after that time”, paragraph 44 of Celik (EU exit, marriage, human rights) [2022] UKUT 220 (IAC) (19 July 2022)
The case of Batool & Ors (other family members: EU exit) [2022] UKUT 219 (IAC) (19 July 2022), amongst different issues, successfully gives for the definition of relations and different (or prolonged) relations inside the that means of Article 2.2 and 3.2 of Directive 2004/38/EC when contemplating an EUSS appeal. In specific, the proven fact that prolonged relations did not take pleasure in computerized residence rights below EU regulation and needed to be the beneficiary of a constructive train of discretion, recognised by the grant of residence documentation, is related to ascertaining the level from which they will set up they maintain/protect their rights of residence thus enabling them to depend upon the EU Settlement Scheme (“EUSS”).
Background
The Appellant, a citizen of Turkey, arrived in the United Kingdom in September 2007 and claimed asylum. The declare was refused, as was a subsequent appeal. His declare having been refused and appeal rights exhausted, since 8 April 2019 the appellant remained unlawfully in the United Kingdom.
The Appellant…
