Visa to Spain while eea2 is under process

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Hi Everyone,

Would you please advice me in my difficult situation. My EEa2 application has been refused , lost appeal in first tier tribunal. Case is still under process in Upper tribunal . And i have strength and stamina to follow up and take my case to higher courts. Even to Supreme court.

But i have another option , to go to my wife country in the EU.

Is it possible to get Spanish visa on basis of my marriage to Spaniard while still in UK and while EEa2 application appeal is in court. I mean without getting back my passport from Home office get Spanish visa and travel there with wife. Is it feasible, Is there any benefit of this option?

Will be grateful to your kind advice.

Thanks,