wkddg

Hi. We came to the UK using the Surinder Singh route. My wife ( non-EU) was granted a visa to enter the UK in August 2016, and she also has an EU Family Card issued by Spain as the spouse of an EU national.
We have received a letter rejecting her application for an EEA card under the new Immigration ( EEA ) Regulations 2016 ( as amended ). They have retained her passport and sent a letter stating she is liable to deportation. We have a right of appeal, but under the new regulations, that appeal would likely be unsuccessful. Any advice would be welcome. Note I believe the new rules only came into effect on February 1st 2017.

BritInParis

Did she enter using an EEA Family Permit issued under the Surinder Singh ruling? What was the reason for the refusal?

wkddg

Yes, we got an EEA visa under Surinder Singh rules. The application for the card was refused because the move to Spain was to circumvent UK immigration laws. These are now much tighter than they were under The Immigration (European Economic Area) Regulations 2016 Section 9. The rules changed after we came to the UK.

formula

I posted these new rules for Surinder Singh and the new Immigration Rules, on BritishExpatsps on 8th November as they were not being discussed on here. http://britishexpats.com/forum/citiz...hanges-887169/

Other forums are now seeing a lot of non-EU citizens refused for Residence Cards under Surinder Singh, even if they entered the UK a year ago on a Family Permit and have been working in the UK since.

It doesn't matter when they arrived in the UK on a FP or when they put their application in for a Residence Card as these Regulations state that the new rules apply to everyone who has their application for a Residence Card decided on or after the 25th November 2016.

http://www.legislation.gov.uk/uksi/2...0161052_en.pdf

The Immigration (European Economic Area) Regulations 2016

wkddg

Thanks. Do you know if she would be able to stay on the basis of having an EU Family Card ( issued when we were in Spain)?

SanDiegogirl

No, that card is applicable to Spain, not the UK.

Presume you could go back to Spain?

wkddg

We could. But most likely I'll put in an appeal so the kids can finish the school year here.

formula

They seem to be dealing with these appeals quite quickly. Check that your wife will not be an overstayer if she remains in the UK while awaiting an appeal as the EU does not offer status protection. Also look to see if you need to take out health insurance too for her.

SanDiegogirl

What did the actual refusal say?

wkddg

Refusal to Issue a Residence Card ( No Further Basis of Stay in the UK) ... you have failed to demonstrate that you have a right to reside in the UK as the family member of a British Citizen as set out in Regulation 9 of the Immigration (EEA) Regulations 2016 (as amended). We were believed to be circumventing immigration laws applying to non EEA nationals.