There is at least one member state believing that those rights vanish over time. But even if that's the current opinion of the UKBA why was the absence not accepted as one of important reasons?

I guess the UKBA operates here on the notion that the 12 months absence outside the EEA broke your wife's residence and thus invalidated your Surinder Singh derived claim to EEA rights. This would explain why they say that you have no further right to stay. I do not know why the did not accept the l...

Yes, also fill in the application form.

But I strongly suggest not to assume that you will be just fine. Carefully read this entry clearance guide and most importantly this document.

See also this thread.

Gyfrinachgar wrote:

szandi1990 wrote:I dont know which website you checked

The official Home Office - UK Border Agency website - just click on the link I supplied in my last post.

The relevant web page is here.

Passports, marriage certificate, cover letter. The cover letter, written and signed by the EEA national, states that the EEA national wishes the non-EEA family member to travel with or join to the UK. If the marriage has taken place only "recently" it may be advisable to include documents demonstrat...

Deeters wrote:Would the Home Office accept a certificate of insurance with a higher excess (and thus a lower monthly premium)?

Why not if it is a valid policy and the UKBA sees it as "comprehensive" enough?

I doubt many people here understand the intricacies of Italian immigration law. Maybe you can get help from the following forum.

http://www.tuttostranieri.org/forum/

Well, you already have been given the reason for the refusal. Unfortunately the embassy must check how likely it is that the applicant will leave the Schengen territory again. Naturally that gives them a lot of leeway in how to do it. I doubt anybody here knows the current policy of the French embas...

No.

If the UKBA doubt your work documents they can check with the HMRC themselves. I do not know if the HMRC documents would be less than what you have now.

I fail to spot any problem with your list.

I am sceptical if an appeal is of much use. Appeals are handled based on national law and who knows what the Portuguese made of this.

Sufficient travel insurance?

The embassy must check the likelihood that you will leave the Schengen area again. But this is typically inferred from the supporting documents showing your circumstances: you appear to have a well-paying and stable job. I do not think a letter from you would be useful maybe one from your employer s...

Personally I believe that bank statements don't show anything except that you once must have shown some ID to your bank but the UKBA is fine with them. You could also go with a mix of documents randomly covering the whole period. You have to demonstrate residence for at least six months per year so ...

You have to demonstrate residence not cohabitation although the latter would diffuse doubts whether the marriage would be one of convenience. Only the EEA national has to demonstrate economic activity (unless self-sufficient on the basis of the economical activity of the non-EEA family member) but p...

Your marriage would need to last for at least three years (and one year at least must be spent in the UK).

My wife is on a continuous employement for the past 5 years and we do not have any break on the past 5 years residency in the U.K we do have P60's to support that. If you can also show that you have been resident for that period while being married to your spouse you should be all set to have PR co...

I am not sure if this should be really a matter of a poll... Anyway, you are free to apply for confirmation of PR if you wish. Your EEA rights depend on the relationship and activity of your EEA spouse and not a particular document. Nevertheless, an expired RC may be problematic with airline staff a...

You'll have to go through the TLScontact web page at https://www.tlscontact.com/gb2fr/ or http://www.ambafrance-uk.org/Where-to-apply if you live in Scotland or Isle of Man.

You can apply for a Residence Card for him on form EEA2 any time after his arrival. Your wife will need to show that she is exercising treaty rights or is a permanent resident. For practical reasons it may be good to do all that in January.

Your EEA status depends on your wife. That would make it January for both of you because she has to demonstrate that she was exercising treaty rights and have been resident in the UK for a continuous period of 5 years. Your son needs to be younger than 21 or dependent on you.

We only have joint council tax bills covering the first 2 years, we don't have a joint bank account, which is why I was thinking I should maybe send our bank statements as this would also prove we lived at the same address throughout the 5 years... I know, this load of paper will probably kill half...

Work related documents are probably the best way to demonstrate residence. If the gaps do not exceed more than 6 months you are all fine.

Why would you think that the rules are suddenly different just because you show up directly at the border? You as a British citizen have the burden of proof that you can claim EEA rights within the UK.