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randomuser wrote:We have been married for 6.5 years
She should apply for settlement visa in Budapest. Given the two quoted facts, she should be issued 27 months leave with a difference - that she will be able to apply for settlement as soon as she can pass the KOL test.randomuser wrote:For the past 4 years we have been residing in Budapest Hungary (she has residence here)
the above is strange since I did supply them with a copy and translation of my employment contract as well as a translated payslip and my TAX ID card (also translated).You have applied for admission to the United Kingdom in accordance with regulation 9 of the Immigration (European Economic Area) Regulations 2006, as the family member of a British National who was previously working or self employed in a member state.
I acknowledge you have submitted evidence that your spouse has held residency in the country however, this does not confirm he meets regulation 9, nor have you reasonably demonstrated when your spouse returned to the UK.
Therefore you have not provided evidence to demonstrate your sponsor (a british national) has been exercising his treaty rights in a member state, as a worker or self employed person, before returning to the UK. I am therefore not satisfied that the conditions set out in regulation 9 are met.
I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of regulation 12 of the Immigration (EEA) regulations 2006.