UI2022002812

             This is an appeal by the Secretary of State. However, for convenience, we will refer to the parties as they were designated in the First-tier Tribunal.

             The appellant, who is not represented, did not attend the hearing. Having reviewed the Tribunal file, we are satisfied that he was notified of the hearing and that it is in the interests of justice to proceed.

             The appellant is a citizen of Albania. He entered the UK unlawfully in 2018. In November 2020 he began a relationship with the woman he subsequently married in February 2022 ("the sponsor"). The sponsor is an EEA national and she was granted limited leave to remain under the EU Settlement Scheme in December 2020.

             The appellant applied for leave under the EU Settlement Scheme on the basis of his relationship with the sponsor. On 2 November 2021 the application was refused. The respondent did not accept that on 31 December 2020 (the end of the transition period) the appellant was either married to or a durable partner of the sponsor. With respect to the appellant being a durable partner, the respondent stated, inter alia, that the appellant did not meet the requirement under Appendix EU to have a residence card or a family permit.

             The appellant appealed to the First-tier Tribunal, where his appeal came before Judge of the First-tier Tribunal Easterman ("the judge"). The judge found that the appellant and sponsor were in a durable relationship and allowed the appeal on this basis.