Hello there,
I wonder if you can help me as my wife and I are at a bit of a loss at the moment! I am a British Citizen, Who became a Spanish Resident in 0ctober 2018 as Self sufficient.
I lived in Barcelona with my Russian wife who has her article 10 European family members card issued by Spain.
We visited the UK a number of times for short stays in the UK without applying for a EEA family permit in advance and was instead issued the first time with ''2016 stamp'' in her passport at UK immigration upon entry.
This year we have moved back to the UK with the intention to apply for Pre-settled status by calling the EU Settlement Resolution Centre, which we have yet to do.
My concerns are my wife and I have just found out we are pregnant and will obviously need access to Maternity Care ASAP.
My dilemma is should we apply for a Residence card first?(i understand this will be void by the end of the year) or go straight for pre-settled status? If the latter is the case do we still need to prove a transfer of ''centre of life'' whilst in Spain as i understand this has now been ruled as Unlawful, however, I still see nothing in the UK guidance acknowledging this? I am concerned about the amount of evidence we have for this at this stage and am petrified that by applying for pre-settled or RC now that we will be refused and my pregnant wife will be told to leave. I have about 1 years history of Spanish banks statements, 3m of gym membership payments from my account and our tenancy agreement, however, all bills were included in the rent, so we don't have utility bills, just other headed paper that has been sent to us such as local council ect.
My concerns are that although I have more than a year of evidence demonstrating my wife and I lived at the same address in Spain, I only have 3 months of health insurance and gym membership payments as we only decided for me to take out health insurance when we had decided things weren't going to work out in Spain and that we would return back to the UK, in theory, this is enough.. However, does this matter now with the new ruling that the centre of life test is unlawful.
Any comments would be greatly appreciated.
Thank you
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