for full background, please see my
orginal post.
Quick recap:
My wife is dual UK/Irish. I'm American.
Timeline:
17/10/13 - Issued family permit (Surinder Singh route)
29/5/14 - Entered Northern Ireland via Dublin
30/6/14 - UKVI received EEA2 application
15/7/14 - Received CoA with Right to Work (dated 9/7/14)
13/9/14 - EEA2 application refused
The application was refused because we did not provide evidence of living working in another EEA state. I did not provide this evidence because on Section 5 of the EEA2 application, it says,
"Please note: if you entered the UK with a valid EEA family permit issued under the Surinder Singh judgment as the family member of the British citizen named in section 3, you do not need to complete this section. If this is the case, tick the box to the right and then go to straight to section 10."
Of course, as I was filling out the application, I get to Section 5, read the above, and skip to section 10.
I spoke to one of the customer service people on 0300 123 2253 from
UKVI Enquireies from European citizens. He agreed that the application was poorly written and that I should have indeed filled out Section 6 or Section 7 on the application.
However, it is my understanding that Surinder Singh route UK/dual nationals aren't required to prove they are exercising EU treaty rights as they are UK citizens (can someone provide a link to this?) Also, it doesn't seem to make sense to fill out either of these sections as my wife and I are currently in the UK and are both employed and my wife is not currently exercising treaty rights (our application is based upon her previously having exercised those rights while we were living and working in Dublin).
The UKVI customer service rep suggested I re-apply on a brand new application and fill out the appropriate sections and supply the needed evidence.
What are my options? Should I send a nicely written reconsideration letter to the case worker stating how he is incorrect as we previously supplied all of this information for our family permit application and the form was misleading? Or should I re-apply? Of course at the moment I have an expired Family Permit and only my previously issued Certificate of Application. Please let me know your thoughts.