visa nightmare

[bigdan933]

I am a British citizen and have lived abroad for the last 8 years. I married my wife (Brazilian) in Spain in 2010 and our baby girl was born in Spain last year. We decided to move back to the UK last September and on bad advice, did not apply for their visas before we went. We left the UK in January to start the visa application in Spain. My wife's visa was refused because she did not have the correct English language qualification and now we are going through the appeal process.

We left the UK within the permitted 6 month period and have now been in Spain for 5 months.

We need to get home ASAP and i wanted to know if my wife could still get an EEA family permit if she has an appeal pending?

Probably not i imagine

[Lucapooka]

Why appeal something this is unappealable (the fact that she has not passed a test can't be a matter of debate)? Yes, she can apply for an EEA permit. Whether she qualifies depends on how the ECO views your situation in Spain against the requirements under Surindar Singh.

Just how bad is her English? The KET test to A1 level is really basic.

[bigdan933]

She is pretty much fluent, getting the correct certificate was an oversight on our part granted. She passed the PET B1 exam. The refusal letter said that they did not see the need to call her for a telephone interview