EU / UK family member

[daveolsan]

My (from Belarus) is in the country over 5 years. She has EU family member permit which will expire in March. Her application for permanent residency was rejected by HO because I (Czech/UK citizen) have received UK passport 4 years ago. HO based their decision on the fact that I am now UK citizen, therefore, my wife cannot apply as EU family member.
We have filed an appeal and were advised to wait for the outcome of the García Ormazábal case. The court case García Ormazábal was won and we thought that now we can apply again and it will be all easy peasy. My wife called HO today and was told she is not eligible because we live in the UK not EU.

I think we can do spouse visa but that would mean to start from scratch again. Five years already here would not count. That sounds totally mad to me. I expect there must be a way.

[CR001]

eea-route-applications/do-dual-eu-uk-ci ... l#p1582457

[chaoscontrol]

My (from Belarus) is in the country over 5 years. She has EU family member permit which will expire in March. Her application for permanent residency was rejected by HO because I (Czech/UK citizen) have received UK passport 4 years ago. HO based their decision on the fact that I am now UK citizen, therefore, my wife cannot apply as EU family member.
We have filed an appeal and were advised to wait for the outcome of the García Ormazábal case. The court case García Ormazábal was won and we thought that now we can apply again and it will be all easy peasy. My wife called HO today and was told she is not eligible because we live in the UK not EU.

I think we can do spouse visa but that would mean to start from scratch again. Five years already here would not count. That sounds totally mad to me. I expect there must be a way.

Hi , my wife is in exactly same situation , we just wanted to print out Lounes`ECJ decision and send it to the HO together with Application , but if you are saying that they still going to refuse it on the basis that we live in UK and not EU .. ? this is not logical , bacause she lived in UK 5 years and need some kind of document certifying her residence in this Country ...
Also ECJ decided that mr Lounes`ARE eligible for DERIVED right to live in the country and work here , (but years will not count) . why they not agreeing with that ?this is insane and against the law..
All you can do now is to appeal to ECJ , but I don`t know how to do it , maybe smart people in there will help ?
could I ask you to send me a phone number which you used to contact Home Office please ?

[daveolsan]

The number my wife called:

EU nationals and living in the UK

Call the European enquiries line if you’re:

a national of an EEA country or Switzerland

the partner or family member of an EEA or Swiss national

Enquiries from European citizens 
Telephone: 0300 123 2253 
Monday to Thursday, 9am to 4:45pm 
Friday, 9am to 4:30pm 

[eeaprneu2]

My (from Belarus) is in the country over 5 years. She has EU family member permit which will expire in March. Her application for permanent residency was rejected by HO because I (Czech/UK citizen) have received UK passport 4 years ago. HO based their decision on the fact that I am now UK citizen, therefore, my wife cannot apply as EU family member.
We have filed an appeal and were advised to wait for the outcome of the García Ormazábal case. The court case García Ormazábal was won and we thought that now we can apply again and it will be all easy peasy. My wife called HO today and was told she is not eligible because we live in the UK not EU.

I think we can do spouse visa but that would mean to start from scratch again. Five years already here would not count. That sounds totally mad to me. I expect there must be a way.

Their refusal is unlawful and the Home Office customer support people are useless. You should appeal against the refusal and, ideally, involve a lawyer if you can afford it.

[Ronmarmar]

I’m exactly same situation to . I apply for non eea pr .22 June 17 I got refused because my wife got British citizen . I lodged appeal on 9 November 17 against refusal decision.i received notice of hearing 5 February 18 . My Solicetor contact ho regarding Lounes case but no respond from them . I involve my MP . HO say u lodged appeal we are unable to influence the dates set by HMCTC. I hope the judge understand our situation

[daveolsan]

I was hoping that after the court case of García Ormazábal we can just apply and the permanent residency will be granted. But it looks like they will just routinely reject it the second time around.

We have filed an appeal so I guess we will need to go through the court and try to source a good lawyer as eeaprneu2 suggested.

[daveolsan]

I have an update which is really a HAPPY END.

Basically, for some unknown reason, they changed their mind and sent my missis new resident permit for another 5 years.

She passed the test, English test and now on her way to get a citizenship. Sounds like a Holywood rubbish I know but hey it would be a long journey to start all over. Belarus passport she has is great for Russia but anywhere else not much of a use

[CR001]

I have an update which is really a HAPPY END.

Basically, for some unknown reason, they changed their mind and sent my missis new resident permit for another 5 years.

She passed the test, English test and now on her way to get a citizenship. Sounds like a Holywood rubbish I know but hey it would be a long journey to start all over. Belarus passport she has is great for Russia but anywhere else not much of a use

A residence permit card or a Document Certifying Permanent Residence??? She needs the latter before she can apply for Citizenship. She also needs the Life in the UK test for Citizenship.

[Unluckyeea2]

Hi everyone ,
Thank you for your valueable time and updates .
@daveoslan congratulations for good news . We are on same boat please share your experiance . Did you use Lawyers and went to court to solve problem ? Were you covered by TA arrangement rules we mean were present in Uk and married or applied residence card before october 2012 ? My curiosity is that your spouse was granted residence card as result of 14 November 2017 Lounes Judgement ? You mentioned that your spouse granted with 5 year residence card and if it's not PR then she can't apply BC as moderator asked you to explain about PR . Its ok even residence card is better than nothing .Thank you .