OTS Successful Detention Bail and Residence Permit under EEA Retained Right of Residence
Mr C, an Angolan national, came to us after being detained by the Home Office. He was separated from his wife, who was a European national, with whom he had two children. Being held in detention was particularly distressing for him, as he was unable to see his family during this time.
How we Helped
Within two weeks of instructing us, Mr C was released from detention and reunited with his family.
To achieve this, we requested and urgent update of our client's Immigration history form the Home Office and applied for further douments under the Freedom of Information Act. With the documents required to support his application we prepared legal representation under the EEA Regulations and applied for our client to be issued with an Residence Card, whilst also requesting his release from detention, as it was unlawful.
A Residence Card can be applied for by anyone from outside the EEA who is a family member or an extended family member of an EEA national. By having a Residence Card, you will be able to re-enter the country more easily after travelling abroad, apply for certain benefits, as well as prove to employers you are able to work in the UK.
Temporary admission into the UK can be granted whilst an applicant is waiting on a decision pertaining to their case. It is used as an alternative to detention and is often granted with conditions attached, such as the applicant must live at a particular address for a certain period of time. However, we ensured that our client was released and his application given substantial consideration without maintaing him in detention centre.
This work was carried out by Principal Solicitor Teni Shahiean with the assistance of Senior Caseworker Nataliya Bondarets.