UI2023002546 & UI2023002547

       The appellants are citizens of Greece. They appealed to the First-tier Tribunal against a decisions of the Secretary of State dated 28 May 2022 and 2 June 2022 respectively refusing applications for residence, pursuant to the EU Settlement Scheme in accordance with Appendix EU of the Immigration Rules. They appealed to the First-tier Tribunal which in a decision promulgated on 11 April 2023, dismissed their appeals. The appellants now appeal, with permission, to the Upper Tribunal.

       The primary challenge to the First-tier Tribunal's decision is that the judge wrongly found that the appellants had to prove dependency on the United Kingdom sponsor in circumstances when, the appellant's assert, dependency was to be assumed under the rules. The appellants rely on Appendix EU Dependent Parent at (b) (i):

The relevant EEA citizen (or on their spouse or civil partner) at the date of application or, where the date of application is after the specified date, at the specified date, and (unless the relevant EEA citizen is under the age of 18 years at the date of application or, where the date of application is after the specified date, the relevant EEA citizen was under the age of 18 years at the specified date) that dependency is assumed; [my emphasis]

       The parties agree that the specified date is 31 December 2020. The appellants made their applications on 19 January 2022. The appellant's argue that the judge should have 'assumed dependency as at the specified date' subject to paragraph (b) (i).

       The problem with the appellants' argument is that they enjoyed only pre-settled, as opposed to settled, status; they were: