Getting a raw deal: When lodgement of an EEA residence card appeal does not prevent removal

Imagine the following scenarios:


  • Persons seeking to assert a right of residence as extended family members of EEA nationals exercising treaty rights in the UK;

  • Those the Home Office assert are party to a marriage of convenience with an EEA national with the result that, so far as the Home Office is concerned, the applicant is not a family member of an EEA national

This is what can happen when such persons are served with refusal decisions or following lodgement of appeal against such a refusal:


  • Detention with a view to removal and service of a “notice of removal window” (RED.0004 (fresh)). The notice of removal window is usually accompanied by a One-Stop Notice under section 120 of the Nationality, Immigration and Asylum Act 2002 . Section 120(2) provides that the serving of the One-Stop Notice requires the recipient to provide a statement, setting out his or her reasons for wishing to remain in the United Kingdom, and any other grounds on which he or she should be permitted to remain, together with any grounds on which he or she should not be removed from or required to leave the United Kingdom.

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