EEA family permit refused - centre of life

Hi

I need some advice on how to proceed. I (British Citizen) have been working in Denmark for the last 14 months. My wife and mother moved with me to Denmark and both have been issued with a Danish residence card. My mother and wife are non EEA citizen but is not a visa national to enter the UK.
I applied for a family permit for my mother via Surinder Singh, showing documents that I was seconded to Denmark, she was dependent on me, monthly bank statements and mortage statement from the UK suggesting that we have a house to go back to when my secondment has been completed etc but the permit was refused with the following wording:

I Note from your son's bank statements that you receive regular payments from him. In support of your application, you have provided payslips and letter from the employer confirming that he has an international posting of 14 months and will be returning to the UK upon completion of the posting. He has provided a statement of his mortage in the UK for his propety. Taking all that into account, I am not satisfied that your spouse has been exercising his treaty rights as described above or that he has transferred the centre of his life to Denmark for any meaning ful period. I am therefore not satisfied that the application meets the requirements of Regulation 9.

I don't know why it could be rejected just because I have a mortgage on a house? Or it was a finite secondment period? I dont really get the reason for the rejection

A mistake I made was not submitting my daughter's birth cert. She was born in Denmark and it could have strengthened my centre of life justification. I Nevertheless, I find it silly. My wife has a residence card already for the UK. I should have included her residency card as well to show the whole family was out there.

Should I reapply with my daughter's birth cert or should I just appeal?

We are going home to the UK shortly and I am worried that this rejection would bar my mother from travelling to the UK eventhough she is not a visa national.

Please advise!!!

sen24 wrote:Should I reapply with my daughter's birth cert or should I just appeal?

Try both.

Their refusal may be incompatible with EU law.