UI2025003411

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the respondent is granted anonymity.

No-one shall publish or reveal any information, including the name or address of the respondent, likely to lead members of the public to identify the respondent. Failure to comply with this order could amount to a contempt of court .

            The appellant is a national of Bulgaria. The respondent is the Secretary of State for the Home Department. The appellant appeals with permission granted on 28 July 2025 against the decision of the First-Tier Tribunal ("the FtT") given on 28 June 2025 to refuse the appellant's appeal against the refusal of his application for Pre-Settled Status under the EUSS.

            The appellant along with his mother, also a national of Bulgaria, applied on 26 October 2022 under the EUSS for Pre-Settled Status. Both applications were refused. The appellant's mothers' application was refused on 11 January 2023 and the appellant's application was refused on 3 February 2023.

            The FtT allowed the mother's appeal on the basis that it was satisfied, on the evidence, that the mother was in a durable relationship with BA from 2017. However, the FtT refused the appellant's appeal on the basis that he did not qualify as a "joining family member of a relevant sponsor" under EU14A of Appendix EU to the Immigration Rules. The FtT also rejected a submission that the appellant qualified as a "family member" of BA under the terms of Article 10(1)(e)(ii) of the Withdrawal Agreement.