Post
by charybdis » Sat Dec 14, 2013 6:29 pm
Can somebody help us make sense of this immigration mess that my wife and I are in? Here are the facts:
*EU National (British) moves to other member state (Czech Rep)
*EU National sets up life there (job, pays taxes, health etc..)
*EU National enters relationship Non EEA person (Sri Lankan).
*Non EEA person is EU Resident (Czech Permanent Residence)
*EU National moves in with Non EEA national.
*After 2 years co habitation, the couple move to Sri Lanka and get married (2011).
*Non EEA/EU Resident arrives in UK with EU National spouse on a family visit visa.
*Married couple need to stay in UK beyond the 6 months of the visa. (Sick relative)
After consulting a lawyer, they advised that we apply for discretionary leave to remain, which if refused, would be successfully overturned in the ECHR but this would involve a few thousand in fees and could take years.
My question is, am I still considered to be a British national excersising treaty rights, hence a qualified person? I can't see why we can't apply direct for a residence card for my wife?
I lived and worked in Czech Rep for 4 years (2007 - 2011)
Do we really have to move to another EU country to enable my wife to have free access to the UK, even though she is PR of another EU member state?
Thanks to the people who set and contribute to this site, you do a great service to a great many people.