UI2022003474

            Although the appellant in the appeal before the Upper Tribunal is the Secretary of State for the Home Department, for ease of reference I continue to refer to the parties as they were before the First-tier Tribunal ("FtT"). Hereafter I refer to Mr Uka as the appellant and the Secretary of State as the respondent.

            The appellant is a national of Albania. His appeal against the respondent's decision of 17 October 2021 to refuse his application for a residence card under the EU Settlement Scheme under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 was allowed by First-tier Tribunal Judge Anthony ("the judge") for reasons set out in a decision promulgated on 25 May 2022.

            The judge considered the evidence before the Tribunal and found the appellant was married to the sponsor on 3 July 2021 at the Registry Office in Mansfield. At paragraphs [20] and [21], the judge said:

"20. Having considered the evidence as a whole, I accept the appellant and the EEA citizen sponsor's evidence that they have been living together since October 2020. I find this is confirmed by the joint tenancy agreement of October 2020 and the Council tax bill. I accept and find from their evidence and the screenshots of communication with various registry offices that they did attempt to get married before the specified period but were unsuccessful because of the delays occasioned by the Covid19 pandemic.

I have placed weight on the fact they have since entered into a marriage on 3 July 2021. I observe there are further Council tax bills in joint names since the marriage. I find they have entered into a further joint tenancy for the property they live in. I have taken into consideration the various (undated) photographs provided of them together. Having considered the evidence as a whole, I find that their partnership was formed and "durable" prior to the specified date."