EUSS family permit for mother-in-law of qualified British Citizen refused

[SLPara_Jo]

Hello friends. This is my first time on any forum and I desperately need your advice and experience.

I am a British Citizen that has lived and worked in France for the last 18 years. Planning to move back to UK in coming weeks to care for parents. My husband and mum-in-law applied for the EUSS family permit back in May. We have just heard today that my mum-in-law's FP has been refused due to the fact that she wasn't actually living at the same address as me during my 18 years in France (she lives in a small flat 5 minutes from our apartment).

According to the EUSS family permit guidance she just had prove that she was resident in the same EU country as myself during the time I as a qualifying British citizen exercised my treaty rights. Have I understood correctly? She is 80 years old, has mobility issues and is completely dependent on us. If she doesn't get her permit then my husband and I can't leave her to return to the UK (having already sold our apartment and given notice on our jobs). I am bewildered and upset. Ten months ago we could have just turned up in the UK and made our life there. Now British Citizens in Europe with European family are being penalised. Any advice will be so welcome. We are desperate. All our things, including my mum-in-law's are in boxes ready to move.

Just to add a small detail. My mum-in-law's application was linked to that of my husband's. He still hasn't received his answer yet but we did receive a request for further documents last week (we sent 170 different documents) proving our joint life together in France over these 18 years. We assumed that his dependent mother's application would be based on whether his was accepted but they have gone ahead and refused hers before deciding on my husband's.

Is the best way to use the appeal route. Do we have a basis for appeal? Is the requirement just that we have resided in the same country during this time not at the same address?

Many thanks in advance for any advice.

[Obie]

When did you apply for her?
My view is to appeal, as the rules since June has changed to the extent that you will have significant difficulties succeeding in a future application.

[SLPara_Jo]

Many thanks, I think that is what we will do.

She and my husband applied 15 May/Biometrics 27 May. It's been a long and stressful wait until now with several escalations and MP intervention. Still this refusal.

Does anyone know if for the case of dependent parents (in-law) of returning qualifying British citizens (who have until 29 March 2022 to return to UK from Europe with EU family members which was negotiated into the Withdrawal agreement) the requirement is to have lived at the same physical address in the EU country? This is what gov.uk says:

You and your British family member must give evidence showing that you lived in the EU, Switzerland, Norway, Iceland or Liechtenstein as your main residence. The documents must show:

that you lived together in that country
your addresses
time spent living at each address
any proof of renting or buying a home
You must also provide proof that your British family member was working, self-employed, self-sufficient or studying in the country where you’ve lived together.

Many thanks