The client was a Guinean national residing in Guinea. We took instructions on our client’s behalf from her Dutch national daughter residing in the UK. At the time of approaching Saxon Solicitors in September 2020, the daughter had been trying to obtain an EEA Family Permit for her mother for over 18 months. The application had been refused by the Home Office and her appeal dismissed by the Court. Our client’s daughter was desperate to reunite with her mother, and for our client to see her grandchildren and son-in-law. She expressed to us that she felt helpless and was extremely concerned about our client residing in Guinea on her own as an elderly woman with no one to care for her.

At the outset of the matter, the client’s aim was initially to make a fresh application for an EEA Family Permit. However, as the mother of an EEA national, our client was also eligible to apply for an EU Settlement Scheme Family Permit (it is no longer possible to apply for an EEA Family Permit, and the only available family permit route for family members of EEA nationals following 30/06/2021 is an EU Settlement Scheme Family Permit). However, at the time, our client had both options available to her.

We advised that instead of an EEA Family Permit application, our client should apply for an EU Settlement Scheme Family Permit. This was because, based on our assessment of the case, we believed that we could avoid the main element that had resulted in the refusal and dismissal of the previous application for an EEA Family Permit, which was proving that our client was dependent on her daughter. As the dependent parent of an EEA national over the age of 18 our client’s dependency on her daughter would be assumed as part of an EU Settlement Scheme Family Permit application instead of requiring extensive proof of it, such as with an EEA Family Permit application.

Our advice was accepted, and we proceeded with an application for an EU Settlement Scheme Family Permit. There was an unanticipated delay by the Home Office in making the decision on the application, which resulted in numerous complaints and correspondence to the Home Office, and the involvement of the daughter’s MP. However, we were eventually notified that our client’s application had been successful and that the delay was due to an administrative error on the part of the Home Office and the visa application centre our client had attended. Being granted the EU Settlement Scheme Family Permit meant that our client could finally reunite with her family and settle in the UK with them once and for all. This case also goes to show that Saxon Solicitors will never leave our clients high and dry once the application is submitted. We will fight to the end, even when unexpected obstacles arise.