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Immigration law [2026] UKAITUR UI2024001113

UI2024001113

UI2024001113 [2026] UKAITUR UI2024001113 (27 March 2026)

The Upper Tribunal allowed an EUSS family permit appeal, holding that the rules in force at the date of decision disapplied certain FP6 requirements for retained-right cases.

  • Euss family permit
  • Retained right of residence
  • Withdrawal agreement
  • Appendix eu (family permit)
  • Interpretation of immigration rules
  • Immigration-law
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Immigration law [2025] UKAITUR UI2025001994

UI2025001994

UI2025001994 [2025] UKAITUR UI2025001994 (5 September 2025)

The Upper Tribunal held that a Ghanaian customary divorce was not recognised in English law, so the marriage ended only with the 2021 Decree Absolute and the EUSS appeal succeeded.

  • Eu settlement scheme
  • Recognition of overseas divorce
  • Retained right of residence
  • Customary marriage
  • Habitual residence
  • Eu-settlement-scheme
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Immigration law [2025] UKAITUR UI2023005368

UI2023005368

UI2023005368 [2025] UKAITUR UI2023005368 (19 February 2025)

Upper Tribunal held the appellant proved a valid customary marriage in Ghana on 31 December 2018 and allowed her retained-right-of-residence appeal.

  • Eu settlement scheme
  • Retained right of residence
  • Marriage duration requirement
  • Case management
  • Procedural fairness
  • Eu-settlement-scheme
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Immigration law [2025] UKAITUR UI2024001418

UI2024001418

UI2024001418 [2025] UKAITUR UI2024001418 (17 February 2025)

The Upper Tribunal set aside a First-tier Tribunal decision and allowed an appeal against cancellation of Appendix EU leave, holding the wrong immigration rule had been applied.

  • Appendix eu
  • Leave to remain
  • Cancellation of leave
  • Retained right of residence
  • Error of law
  • Immigration appeals
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Immigration [2025] UKAITUR UI2024002533

UI2024002533

UI2024002533 [2025] UKAITUR UI2024002533 (21 January 2025)

The Upper Tribunal upheld dismissal of an EUSS appeal, finding no material error in the First-tier Tribunal's refusal of retained right of residence.

  • Eu settlement scheme
  • Retained right of residence
  • Evidence requirements
  • Appendix eu
  • Procedural error
  • Eu-settlement-scheme
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Immigration law [2024] UKAITUR UI2024004364

UI2024004364

UI2024004364 [2024] UKAITUR UI2024004364 (6 December 2024)

Upper Tribunal dismissed an EUSS appeal, holding the First-tier Tribunal was not required to construct a retained-right-of-residence case or make an Amos direction.

  • Eu settlement scheme
  • Indefinite leave to remain
  • Retained right of residence
  • Domestic violence
  • Amos direction
  • Case management powers
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Immigration law [2024] UKAITUR UI2023005108

UI2023005108

UI2023005108 [2024] UKAITUR UI2023005108 (7 August 2024)

Upper Tribunal dismissed an EU Settlement Scheme appeal, holding that prior findings and the absence of new evidence showed the appellant’s marriage was one of convenience.

  • Eu settlement scheme
  • Marriage of convenience
  • Retained right of residence
  • Appendix eu
  • Immigration (citizens' rights appeals) (eu exit) regulations 2020
  • Eu-settlement-scheme
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Immigration law [2024] UKAITUR UI2022006668

UI2022006668

UI2022006668 [2024] UKAITUR UI2022006668 (29 May 2024)

The Upper Tribunal set aside a First-tier Tribunal decision for legal error, holding that it applied the wrong appeal framework and failed to follow Devaseelan.

  • Eu settlement scheme
  • Retained right of residence
  • Appeal jurisdiction
  • Customary marriage validity
  • Euss
  • Appeal-jurisdiction
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Immigration law [2024] UKAITUR UI2023001247

UI2023001247

UI2023001247 [2024] UKAITUR UI2023001247 (24 May 2024)

The Upper Tribunal upheld dismissal of an EU Settlement Scheme appeal, finding no error of law and no concession that the marriage was valid.

  • Eu settlement scheme
  • Retained right of residence
  • Validity of marriage
  • Marriage of convenience
  • Foreign law evidence
  • Eu-settlement-scheme
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Immigration [2024] UKAITUR UI2023004896

UI2023004896

UI2023004896 [2024] UKAITUR UI2023004896 (22 April 2024)

Upper Tribunal allowed an EUSS appeal, finding a Ugandan customary marriage valid from 30 October 2015 and that the appellant met EU11 for settled status.

  • Eu settlement scheme
  • Retained right of residence
  • Customary marriage validity
  • Continuous residence
  • Dependent children
  • Eu-settlement-scheme
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