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Discussion Starter · #1 · (Edited)
Last year I was on a family visa in the UK. My wife and I had decided to move from Spain to join her family. I had to do the whole process and go to Madrid for the interview etc and I was granted an EEA Family Permit. Being married meant that I was allowed to seek employment, which I did up until some point. My intention was not to abuse my visa; I had a right to be with my wife and we had never sought assistance from anything. I left in February of this year and I'm thinking of returning. Since I overstayed 3 months would seeking another EEA Family Permit be an option? Would immigration give me a hard time? We have been married for 2 years nearly. We married in Spain but the economy is too rough too make a decent living. My wife is employed in The UK. We lived in Bristol. I did get interviews and job offers. Thank you for responses.
 

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I don't quite understand your situation. Please clarify:
The time and duration of you and your wife's stay in Spain.
When did she return to UK.
When did you obtain EEA family permit.
When did you come to UK.
When did you leave UK.
Where are you now?
 

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Discussion Starter · #3 ·
I don't quite understand your situation. Please clarify:
The time and duration of you and your wife's stay in Spain.
When did she return to UK.
When did you obtain EEA family permit.
When did you come to UK.
When did you leave UK.
Where are you now?


Well I met my wife in 2008. I had visited Spain twice: once in Dec 2009 (two weeks) and then in July 2010 (three months). I finally decided to move to Spain in January 2011 and married the following November in 2011 in Spain. We then moved to the UK on July 5 2012 due to the Spanish crisis (I had obtained an EEA Family Permit for six months I believe). I obtained my EEA Family permit in June after a UK embassy visit. Now at the time that I arrived in the UK I sought work. My wife had gotten a job and I had a few interviews but nothing in stone. I was going to apply for a RC but had backed out because I was afraid of overstaying my visa in UK. I left in February 2013 (overstaying what it says on the EEA Permit that I had to leave in November I believe). I now live back in Texas where I am from. I do have residency in Spain. Sorry this is kind of all in a nutshell just to get to the point. What should I do? What are my options?

I just received a message from my wife that shows this article:

BBC News - UK spouse immigration rules 'unjustified', High Court says
 

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Sadly that link is old news and there are posters here who are in that "put on hold" group, waiting for the All Party decision and High Court ruling... not much progress has happened since that article was written.
 

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Well I met my wife in 2008. I had visited Spain twice: once in Dec 2009 (two weeks) and then in July 2010 (three months). I finally decided to move to Spain in January 2011 and married the following November in 2011 in Spain. We then moved to the UK on July 5 2012 due to the Spanish crisis (I had obtained an EEA Family Permit for six months I believe). I obtained my EEA Family permit in June after a UK embassy visit. Now at the time that I arrived in the UK I sought work. My wife had gotten a job and I had a few interviews but nothing in stone. I was going to apply for a RC but had backed out because I was afraid of overstaying my visa in UK. I left in February 2013 (overstaying what it says on the EEA Permit that I had to leave in November I believe). I now live back in Texas where I am from. I do have residency in Spain. Sorry this is kind of all in a nutshell just to get to the point. What should I do? What are my options?
You are unlikely to get another stab at EEA family permit because your wife is no longer in Spain exercising economic treaty rights.
Which means you have to qualify for a UK visa, either through family route (spouse visa; your wife earning £18,600) or get a sponsored work visa (difficult unless you are in shortage occupation or being transferred by your US employer).
 

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Discussion Starter · #7 ·
Yeah it's always been tough. I'm thinking I probably should've stayed in order to get a residence card but I'm against being illegal and I pushed it until Febuary because it's tough having a relationship like this but it's always been tough I guess. I don't think I want to go back to Barcelona. I think the US would be good.. I don't think she makes that much a year in pounds. We'll keep exploring options.
 

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The thing is you wouldn't have been an illegal for staying on after the expiry of EEA family permit. It isn't like a visa giving you specific right, but rather a confirmation of the right you already have, and you have the right to stay in UK as long as your partner is exercising treaty rights, for example by working. So you could have stayed on beyond 6 months and then applied for residence card when your partner started working, or you managed to find a job.
 

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Discussion Starter · #9 ·
The thing is you wouldn't have been an illegal for staying on after the expiry of EEA family permit. It isn't like a visa giving you specific right, but rather a confirmation of the right you already have, and you have the right to stay in UK as long as your partner is exercising treaty rights, for example by working. So you could have stayed on beyond 6 months and then applied for residence card when your partner started working, or you managed to find a job.
I was uninformed and confused. I had once read before (I used to come back here asking for other advice) that the 6 months stamped on my visa for EEA Family permit was the window I was allowed to enter upon rather than an actual "expiration date". And I read that and thought maybe I should've viewed it like that but I never asked. I'm annoyed now. Closed mouths don't get fed..
 

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Not only that, being under the Surinder Singh provision, you would have been entitled to residence card as by right, and you or your wife didn't require a job. So it's really unfortunate you didn't make full use of EEA provisions at that time. Unless your wife exercises economic treaty rights again outside UK with you accompanying, your option is now limited to spouse visa under UK law or sponsored work visa.
 

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Hi,
Not only that, being under the Surinder Singh provision, you would have been entitled to residence card as by right, and you or your wife didn't require a job. So it's really unfortunate you didn't make full use of EEA provisions at that time. Unless your wife exercises economic treaty rights again outside UK with you accompanying, your option is now limited to spouse visa under UK law or sponsored work visa.
I'm afraid we need to help OP here. Let's see:

* OP came to UK under SS.
* OP never applied for a RC under EEA regulations.
* OP left UK afraid he had violated the terms of his entry.

UKBA says: "You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.". So, there isn't an statute of limitations to apply or not to apply.

My question here is: when did OP actually lose his rights under SS? He is not required to apply for a further leave, he went to his home country and is still married to EU sponsor (British National); technically, OP could enter UK and apply for a RC because the conditions he was sponsored in the first place remain intact, is it not?

Animo
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I am not so sure. UKBA usually only allow one stab at Surinder Singh provision, i.e. EEA family permit followed by residence card on returning to UK after their UK spouse exercising economic treaty rights outside of UK. They would probably see the OP leaving UK and living separately from UK spouse, except for compassionate or occupational reasons, as voluntarily giving up their entitlement to Surinder Singh. At least they will try to deny issuing residence card under those circumstances, even though it's a grey area of the law.
 

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Hi,
I am not so sure. UKBA usually only allow one stab at Surinder Singh provision, i.e. EEA family permit followed by residence card on returning to UK after their UK spouse exercising economic treaty rights outside of UK. They would probably see the OP leaving UK and living separately from UK spouse, except for compassionate or occupational reasons, as voluntarily giving up their entitlement to Surinder Singh. At least they will try to deny issuing residence card under those circumstances, even though it's a grey area of the law.
That's what I'm trying to get around, how will this case be handled/interpreted by the Euro desk? Did non-EU leave on his own? Did marriage break and they are trying to bypass UK immigration rules? Did non-EU leave because they were misled/misinformed?

But again, is he grandfathered under this provision? I would presume so, and I would go as far as to encourage OP to challenge regulations. I can't find anything that will indicate loss of rights, besides permanent separation and/or divorce. He was required to live in another state with his EU sponsor, but directive doesn't mention anything about living together after SS, or at least continuously.

Animo
(Cheers)
 
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