By Jasmine Theilgaard – Immigration Barrister
In the judgement in Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) revealed on 10 August 2022, the Upper Tribunal thought-about the rights of companions of EEA nationals who had been unable to marry earlier than the specified date, and additionally the query of whether or not human rights grounds of attraction might be raised in an attraction in opposition to the refusal of an software underneath the EU Settlement Scheme.
Facts of the Appeal in Celik
The Appellant was a citizen of Turkey who had arrived in the UK in 2007 and claimed asylum. His declare was refused, and his subsequent attraction was not profitable. The Appellant remained in the UK with out standing.
The Appellant entered right into a relationship with a Romanian nationwide in December 2019. The couple started cohabiting in or after February 2020. On 19 October 2020, the Appellant made an software for depart to stay underneath the EU Settlement Scheme. This software was refused on the foundation that the Appellant had not been issued with a registration certificates, household allow or residence card underneath the EEA Regulations as the sturdy associate of an EEA nationwide. The Appellant didn’t attraction…
