Stepchildren of EU nationals who are adults are not eligible for family member cards.

Ronnie Latayan arrived in the UK from the Philippines in 2004 on a visit visa and has remained there ever since despite making numerous unsuccessful requests for additional leave to remain. Ms. Latayan, now 46, resides with her mother, a British citizen by naturalization with an Irish spouse.

Ms. Latayan’s appeal against the most recent Home Office denial was considered by the Court of Appeal in Latayan v. Secretary of State for the Home Department [2020] EWCA Civ 191. She claimed that she was dependent on her mother’s partner when she sought an EEA residency card. Ms. Latayan called him her “stepfather” and claimed that between 1998 and 2004, he transferred her money to the Philippines.

The Court of Appeal had to decide whether Ms Latayan came under Regulation 7(1)(b)(ii) of the EEA Regulations 2006. To do so, she would have to be a “direct descendant” of her stepfather.

Despite her not being his biological or adopted child, counsel for Ms Latayan made the “spirited argument” that a “de facto” or “real-world” parental relationship existed here. But Lord Justice Peter Jackson, giving several reasons, found otherwise:

a step-child of an EU citizen (meaning a child of a person who is in a relationship with an EU citizen, not being a marriage or a civil partnership) is not a direct descendant of the citizen within the meaning of the Regulations.

The second ground of appeal was rejected as “no more than a disagreement with the [First-Tier Tribunal’s] assessment of evidence”, and the appeal was dismissed.

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