Advice Required - EEA Indefinite Leave To Remain Refused



  • Hello experts - I'd like someone to give me some advice here as I am totally confused:

    My wife is a Romanian citizen. I am naturalised British citizen since 2016 (Indian Citizen before and ILR since 2012). We've been married since 2010 and she's living in the UK since 2009. I came to this country in 2007 and got my ILR in 2012. I was a company director and applied for same day service at Croydon.

    My wife never worked in this country as she stayed as a homemaker and my earnings were good enough to support the family. So We applied for my wife's ILR (in January 2018) as we are married for almost 8 years and living together for 9 years . We applied with the following documents:

    • Wife's Bank Statements
    • Marriage Certificate
    • My ILR Approval letter
    • Copy of My Biometrics (Which was returned after I got my citizenship)
    • My British Passport (and her's as well)

    The application got REFUSED and these are the reasons they gave:

    Reason one
    Unfortunately your sponsor has failed to provide sufficient evidence that they have resided in accordance with the regulations as a qualified person for five continuous years, as a family member you are refused in line with your family member sponsor.

    Obviously I haven't supplied my evidence (bank statements/ salary slips etc) because I've already got my ILR 6 years ago and my British Citizenship as well. This seems ridiculous.

    Reason two - I'll only point the important bits to save space and time

    You state that your sponsor is a British citizen and you have provided a British Passport as evidence of this. Prior to becoming a British citizen you state that your sponsor was an Indian national... Regulation 2 of the Regulations, having been amended in 2012, states that EEA national means a national of an EEA state who is not also a British citizen. (..Regulations after Surinder Singh..)..As your sponsor is a British Citizen then cannot be considered as a EEA national..Unfortunately as your sponsor has failed to reside in accordance with the Regulations as qualified person for five continuous years, as a family member you are refused in line with EEA family member lead.

    They have told we can appeal or reapply if we have more evidence.

    The questions I have got are:

    • Should we appeal? (If we appeal and gets rejected are there any rules which state that we can't reapply)?
    • Should I reapply with all the evidence I provided during my ILR (I really don't get it as my ILR & Passport should prove that)?
    • If none of the above is a choice - what the best choice? What's going to happen to my wife after UK leaves EU next year?
    • Couldn't find any applications which specifically says permanent residence for spouse/partner of British citizens. Is there anything out there like this?

    Any help would be highly appreciated! Thanks in advance.


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