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I am a British citizen and my wife is chinese. I have been out of the UK for 7 years, first doing a PhD in Germany and then a postdoc in the Republic of Ireland. My wife and I have been married for 5 years and living together the whole time - we were married in the UK. Unfortunately I was made unemployed for 10 months at the end of my time in ireland, though I did apply for many jobs and had several interviews (I'm a professional working in a very limited area and so it is difficult to find work even at the best of times) and we survived on some state benefits plus my wife's salary (she was working in Ireland). She also has an Irish residency card. Am I classed as exercising my treaty rights in bringing her to the UK under these circumstances?

I am a British citizen. Can my family members apply for an EEA family permit to join me in the UK?
EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases)
9. Family members of United Kingdom nationals

Yes I'm aware of the basics thanks. The problem is my period of unemployment at the end of my time in Ireland. I do have evidence that I was registered with the employment authorities in Ireland and was seeking work while there

thanks.

I am pretty sure you are covered. Where are you right now?

Were you being paid during your postdoc?

I have just returned to the UK about a month ago to start work. We had applied in ireland but were refused because I hadn't included enough documentation so my wife is back in China at the moment and we are just reorganising the application, since she was refused again because apparently we hadn't shown evidence that I was working in Ireland (even though I included income tax forms). Yes I was paid during my postdoc work - I have the tax certificates to demonstrate that and now I have a letter from my old university and my P45 and P60, and also evidence that I was registered as a jobseeker in Ireland.

Your wife did not need to go back to China. I think you should have no problem.

Directive/2004/38/EC wrote:Your wife did not need to go back to China. I think you should have no problem.

oh she was going anyway. Nice long holiday with her parents and she deserves it quite frankly! Thanks for the help. I'll stick the application in again and make sure that I include absolutely every last bit of info about what I was doing in ireland in terms of work and looking for work. Hopefully that shuts them up.

Oh one more question. In the event that she gets refused again, we don't really want to appeal as that takes months and we are fed up of being apart and were thinking of just getting her here via the spouses visa, which costs 700 quid. If we did that after a full refusal and wanted to make a complaint later about incorrect application of the law, can we do it that way, and would we have to get a lawyer or just go through the appeals system?

JetBlack wrote:She also has an Irish residency card.

Does she have the Irish issued 4EUFam card?

the stamp 4 card? yes I think that's the one she has.