Declined EEA4 in UK - what next?

[flip2000b]

Hi guys,

I am an Irish and Uk citizen and my wife came to live in the UK by exercising her rights as a married person to anEU national.

I made an application for permanent residence using the EEA 4 form and we have just had it returned back as declined. This surprised me as I was under the impression that once you have been granted the eea2 residence card I thought you didn't actually need to apply for the EEA 4 and we were just doing it to make things easier when travelling. They have declined it because we failed to show that I was employed and self sufficient for the previous 5 years after we missed out some bank statements etc. They have also said that we failed to show that I had fully comprehensive travel insurance for my whole family, which is what I was never even told we were required to have.

So my question is, do we reapply using the EEA4 form and get the bank statements etc that are needed (this May be a problem as I don't have access to my old banks as they have been closed). Do we appeal the decision or can we just say ok, we won't worry about permanent residence as we have the family permit and even though it has expired? Do we apply for EEA2 family permit again?

Another issue us that we were hoping it travel in the net couple of weeks. Will my wife get back in the country with an expired family permit in her passport and a certificate of application from the home office saying we are waiting to get new permits?

Any help greatly appreciated!

Thanks

Phil

[Eff1n2ret]

I have not commented on this forum for a long time because I had come to the conclusion that my knowledge of immigration law and procedures was out of date, therefore I had nothing useful to offer. However, as in three days you have had no help from the usual pundits I'll give you my thoughts for what they're worth.

Nowadays dual EU/UK nationals and their families are barred from applying under the EEA regulations, but as the status of you and your wife must have been established before the change in the Regs. in 2012, this bar would not apply to you, and you do not say that they have refused you for that reason.

As you correctly say, there isn't really anything to stop someone admitted under EEA Regs from staying on whether their residence card has expired or not. The EEA Regs don't specify any offences similar to those in the Immigration Act, and the concept of 'overstaying leave to remain' doesn't apply, because EEA nationals/family aren't given 'leave to remain'. The only problems arise when employers or suppliers of public services want to see current confirmation of immigration status, or as in your case when you want to travel.

On the question of proof of employment, are bank statements the only acceptable proof? It's not how much money you have that is the criterion, it is your activity as a worker or self-employed person, so I would have thought that if you can rustle up sufficient P45, P60 and self-assessment tax returns for the period in question you would be justified in submitting another application. It might help you to know that part-time work qualifies you as a “worker” under EEA Regs.

On the question of health insurance, I think you're in a bit of a hole. It looks as if the continuous deluge of public resentment against high and unrestricted levels of immigration from the EU is causing UKVI to apply a more rigorous scrutiny to such applications than they might have done when you originally entered the system several years ago. That might just give grounds for challenge at a judicial review, i.e. that it's unfair suddenly to apply a requirement which was not enforced on your previous application(s), but I really think you could only make that stick in court. Presumably your healthcare has been courtesy of the NHS, but if you could show that you and your wife had hardly seen the inside of a doctor's surgery or hospital in the last few years, you could argue that the insistence on health insurance is irrelevant to the application. But I think you need a lawyer experienced in tricky (not straightforward) applications to present your case.

Lastly, re your intention to travel. If you make a new application, won't she have to submit her passport? If you are suggesting that she could submit her expired family permit and the acknowledgement of the application which has already been refused, I would say it's a no-go. Firstly, any airline or ferry company will probably refuse to board her without a current visa of some sort, and if they decide to check she's had it – ditto even if she succeeds in presenting herself at a UK Border Control. A 30-second check on the back office Case Information Database will confirm her history and they won't think twice about sending her back whence she came.

Sorry, but I think you really do need legal assistance far beyond the abilities of this forum.

[7by7]

I have not commented on this forum for a long time because I had come to the conclusion that my knowledge of immigration law and procedures was out of date, therefore I had nothing useful to offer.

Off topic, I know; but I have always found your contributions to be useful, helpful and on occasions enlightening.

Even if we have, at times, disagreed.

Back on topic

Sorry, but I think you really do need legal assistance far beyond the abilities of this forum.

Agreed.

[kebonk]

Dear respected Gurus and form members ,
I applied for eea4 in June 2015. My wife is Slovak national and British citizen and I am non eea national.we have been married for 5 and half years. I was arrested for drunk and disorderly about 4 times and the most recent being Dec 2012 and charged with fine and 6 months conditional discharge in court. due to some personal issues my wife have had enough with me and initiated the divorce and informed the home office. we did obtained the decree nisi and that was on 2013. we never lived apart. we live in the same house and all the bills are paid by her and is on her name except the council tax. after some time we realize, to go further with a divorce is a huge mistake and we didn't apply for decree absolute. we didn't apply anything in the court because we thought that after one year if no one applies for decree absolute, the court will throw the case anyway. now the question is
A) when I filled the application I ticked the box where it says no criminal conviction because I thought I don't have to declare the spent conviction. my last conviction was on 2012.
The home office asked for more information and sent us the Questionnaire to fill, one for my wife and one for me, to know if we are still married and proof that we are living together. I did send them my wife's 5 years payslip, her eea passport, our council tax bill , my gp report. her bank statement and my bank statement at the time of application filling and some along with their letter. What else can I send? I don't have any other proof.
C)what are the chances of me getting PR?
D) In European law if you stayed legally in UK for five years and your spouse is exercising treaty right (continuous 5 years employment) then the non eea family member has automatic rights for permanent but it seems the HO is very reluctant to put the stamp in my passport

E) the rules for dual citizenship changed on 2012, I m worried that it will affect my eea4 application
kind regards
kebonk​