Surinder singh circumventing law

[alphagear]

Will I be able to take this appeal to upper tribunal in case FTT refuses?

Using Eind and Akrich?

[alphagear]

any ideas guys?

[Obie]

Will I be able to take this appeal to upper tribunal in case FTT refuses?

Using Eind and Akrich?

If there is an error of law in the decision, then the answer is yes.

[tequilabird]

My husband and I are currently in a similar situation.

Husband is a non-EU and we were in Malta for 5 months. Returned on EEA FP (I was pregnant at the time and made them aware of this when we applied for FP). Applied for UKRC September 2016 and refused May 2017 stating circumventing.

We would happily apply under UK law for FLR (M) - it states we can on the refusal notice, but I can't get clear info about this from the HO or lawyers. They are saying he needs to apply outside of the UK or for FLR (FP) or reapply for UKRC. We have appealed, but looking for advice on the best way to turn.

We have a British born daughter aged 7 months old.

[mkhan2525]

At this stage it makes no sense to apply under the Immigration rules if you have met the requirements under EU law.

EU law does not recognise circumventing national immigration law as a means of resusal to issue a residence card and an appeal should succeed.

[tequilabird]

Agreed, but the timeframe is ridiculous and with a 7 month old baby who hasn't met her family abroad, we are considering FLR (M) in order to avoid this drawn out process.

[mkhan2525]

You will only be able to apply for FLR FM if you meet the minimum income threshold and language requirements else you will need to apply on form FLR FP 10 year Partner route.

If you don't meet the minimum income requirement of £18,600, you are better off pursuing an appeal on your residence card even if there is a long wait. You can also file a paper appeal which I believe is quicker than an oral appeal.

[tequilabird]

We meet everything for FLR (M), but still not sure what his legal status in the UK currently is and this is crucial to the application.