EEA Family permit or stay and plead Article 8? Help please

[emmz13]

Hello,

I am hoping someone can help with our dilemma. I am a British citizen living in the UK, my husband is American and currently here for 6 months (I am guessing as a visitor but I really don't know as border security in Paris refused us 3 times then finally allowed him as my husband), due to the financial changes in spousal visas we don't meet the financial requirements for me to sponsor him to come here to the UK so we planned on going down the Surrinder Singh route and going to work in Europe with our son (UK Citizen) and applying for a family permit to come back. However my Mum's health has deteriorated and I really don't want to leave her on her own which puts us in a predicament.
My husband has given up everything in the US to come here so if he was forced to return like many others our family would be ripped apart for the long term.
Are there any alternatives to exercising my treaty rights? We have been looking at Article 8 and to be honest I am just getting more and more confused by it all. Money is really tight for us, and we hoped to avoid legal fees so any advice would be amazing.

Thank you loads in advance,
Emma

[EUsmileWEallsmile]

I don't know what success you might have with art8. I would guess you'd be in for a long and uncertain legal battle.

Living in another eu state together would be relatively easy and if you worked there, you could return to the uk together.

I don't understand the problems you had in Paris.

[emmz13]

Thanks for the reply, after a day of endless searching online and calling people for advice I think we have pretty much come to the same conclusion, I am just fed up with immigration issues hanging over us so I don't think I could face a long battle tbh.
In Paris the IO at border security refused to believe we were married, refused to allow me to show them our marriage certificate and then refused to talk to us and accused us of trying to deceive them. It was a complete farce which left us stranded in Paris with a 4 month old at 11pm, luckily the Eurostar staff were amazing and kept reissuing us tickets so we could try to get someone on border security to actually listen to us, my husbands passport is a mess with crossed out stamps LOL It was finally sorted when the staff changed shift, but did not know why there had been such issue previously.
Anyways I'm waffling as usual, I really do appreciate your reply, thank you. I hope you have a good evening

[chloe106]

Hello i am a wife of an EEA national trying to apply for an EEA family permit but i ve issues with the uk immigration...i've been once refused to enter in the uk because years back i travel to the uk with a (6months visa which does not permit me to work in the uk) but i used it to work. Can they refuse not to give me the visa because of this problem. Thank you

[nobodysperfect]

OP look for ECJ Carpenter ruling. It might help you to solve your issues without living in another EU state for a longer time.

[Pablito]

Hello i am a wife of an EEA national trying to apply for an EEA family permit but i ve issues with the uk immigration...i've been once refused to enter in the uk because years back i travel to the uk with a (6months visa which does not permit me to work in the uk) but i used it to work. Can they refuse not to give me the visa because of this problem. Thank you

They can't , but they may refuse you anyway.. If you haven't applied for FP before then I suggest you need to know your rights, because most likely UKBA won't really care about them in decision making. Good luck