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You are waiting for her in the UK. Therefore the card is valid as visa exemption.Petem wrote:
My understanding was that she could not use the German residency card to enter the UK alone, hence the FP application
Hi mgbmgb wrote:You are waiting for her in the UK. Therefore the card is valid as visa exemption.Petem wrote:
My understanding was that she could not use the German residency card to enter the UK alone, hence the FP application
That's an illogical refusal. They had already accepted that she had qualified under the Surinder Singh judgement by previously issuing an EEA family Permit for her. You were working in Germany since 2003. 9(2)(c) and 9(3) were surely satisfied.Petem wrote:The Surinder Singh judgment was implemented into the 2006 Regulations by way of regulation 9. The requirement at regulation 9(2)(c) and 9(3) requires the British citizen to have transferred the centre of their life to another EEA member state, where they resided as a worker or self-employed person with their spouse or civil partner before returning to the UK. Full details can be found on: https://www.gov.uk/government/uploads/s ... dacted.pdf
I note that your wife was previously issued an EEA family permit, under the Surinder Singh judgement, as you were residing in Germany at the time and exercising your treaty rights.
In her current application, your wife confirmed that you are a British citizen and that you have returned to the UK to live and work. You are therefore no longer exercising your treaty rights. She therefore does not qualify for an EEA family permit.