EEA citizen to sponsor spouse after ILR rejection

[paolo-ranie]

Dear forum members,

I am placing the query below on behalf of a couple of friends, so please do bear with me if the information provided is unclear in any way - I will do my best to clarify the situation in any way possible in a follow-up, depending on any potential clarification questions.

The situation has as follows: the couple are from an EEA country (him) and from an African country (her). Her, as a non-EEA member citizen, had her application for an ILR turned down last month, even though she has lived in the UK for approximately 11 years, and even though her partner is the citizen of an EEA member-country... The two are now exploring the legal avenues available to them, since the Home Office letter informing them of the ILR's application rejection gives them until August this year to settle the issue.

One fairly obvious option would him to sponsor her to stay in the UK as his partner. The question then is - does he have to exercise treaty rights in order to do so (including "passive" ones - i.e. receiving child benefits, for example) or would the mere fact that he is an EEA (EU) national and that they are related qualify him to do so?

Many thanks for any possible responses - and as said, I am more than happy to clarify the case in the best way that I can.

[CR001]

On what basis did she apply for ILR and what were the reasons for refusal/rejection?

How long have they been in a relationship?

[paolo-ranie]

Many thanks, CR001!

Here is a response by my friend himself:

She applied on the basis of being a family member of a EEA citizen (spouse) and she was refused the ILR visa on the basis that I don't work in UK (not exercising the treaty right to work) and I don't have private comprehensive health insurance (which I can get obviously), although we are self-sufficient...we were told that as a proof of self-sufficiency we must have cash in a savings account (£10000 up)...

Me and my partner are in a civil marriage relationship since 2003...

At the same time, next time could she apply under the 'umbrella' of our older son who has a EEA passport and he is BOTH working and studying in UK?

[Amber]

She made the wrong application, you don't apply for ILR you apply for PR. I've moved this to the EEA-forum.

[paolo-ranie]

Thank you very much for your clarification, Amber. Could you also kindly confirm that by PR you mean this document:

https://www.gov.uk/government/publicati ... -form-eea3

Thanks again.

[Obie]

How long have you been in the UK, and what have you been doing in terms of work, during that period?

[paolo-ranie]

(my friend's response:)

We've been in UK 6 & a half years, but I didn't work here for the last 5 years as I had some income coming in from outside UK..