Hi Richard,richiesuk wrote: ↑Thu Jan 24, 2019 6:59 pmHi Kam,
Your input much appreciated,
Just one more thought:
Are you familiar with the Lounes case too?
As far as I know I could apply for the family permit for my wife if I was in UK at the moment, for free (as I am being dual citizen and I used my free movement rights before I got my British citizenship)
Hence my application for Surinder Sighn would rule out the following check point query:
(Would this be a strong point for us?)
-the purpose of the residence in the EEA host country was not as a means to circumvent any UK immigration law applying to non-EEA nationals (e.g. the Immigration Rules) [ie. avoiding the settlement visa fees]
I get your point, however, settlement visa you applied in April 2018 will be overlooked as your circumstances have changed, you mentioned you both acquired PR in Malta that card will play a vital role, you both worked and resided together there and most importantly EU law is above UK law (as long as UK is in EU). That's why i recommend a thorough cover letter with your application.
In simple words, its all about exercising treaty rights. If you want to go on Lounes route, you have to return to UK exercise treaty rights (as you have Hungarian nationality) and apply for family permit for your spouse. The other option is utilize your British nationality, adopt Surinder Singh route and return with your spouse to UK and so forth.
Why i think Lounes does not apply in your situation is Lounes Spouse was Spanish woman, who had been living in the UK for twenty years. In 2013 she met Mr Lounes, who was unlawfully present in UK. She married him, and wanted him to live with her in Britain. British immigration law would not allow this, so she hoped to rely on the Citizenship Directive, which explicitly grants the right to migrant Union citizens to be accompanied or joined by members of their family, she succeeded and many users on this forum are grateful of her efforts including me.
In conclusion, you are not living here at the moment so Lounes is not gonna work for you. However, your doubts regarding your previous case and dogging the UK system, i can understand, but your spouse is not illegal here neither she is/was in EU state, in fact once her UK visa was refused you simply moved on to a different EU state while accompanied your spouse so there are fair chances of your success applying via Mr Singh's route. You are not cheating here but using your EU rights.
Family permits are free either you take Lounes route or Surinder Singh's and you have to pay a nominal fee for eea2 application for your spouse once she is here, in contrast, UK spouse visa application fee after 2.5 year another visa fee then indefinite leave fee, we are talking about 5 grand waste of money with strict rules.
Have faith as your case is genuine and do not hide anything while applying and utilize your dual UK-EU nationality.