UI2021000736

"You have failed to provide evidence that your EEA national family member is a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2016. I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2016."

            The appellant's appeal against that decision was allowed by First-tier Tribunal Judge Clarke for reasons set out in a decision promulgated on 29 July 2021. The judge noted, at [5], that the sponsor attended the hearing and gave evidence by adopting his witness statement. The findings and conclusions of Judge Clarke are set out at paragraphs [6] to [9] of the decision. The Judge accepted the sponsor was in the UK on 1 February 2021. The Judge referred to the oral evidence of the sponsor at paragraph [7]:

            The Judge noted the sponsor was granted limited leave to remain under the EU Settlement Scheme on 16 November 2020. The judge also noted there is documentary evidence to support the job searches carried out by him. At paragraph [9] the judge concluded:

"Drawing the strands together, l conclude the EEA national has provided documentary evidence to support his own account of the steps he took to obtain work in the UK which (sic) and he has shown that he is more likely than not to be able to work once he has undertaken the training of door security supervisor. I accept this account of the difficulties he has encountered because of the pandemic in realising his objective to work and I find that the Appellant has substantiated her claim and I allow the appeal."

            Permission to appeal was granted by FtT Judge Bartlett on 19 October 2021. Judge Bartlett said: