Spouse visa extension rejected after 10 years in the country

[gabi80]

Me and my wife been married for over 9 years having 6yr old daughter and son due in 3 months. I am a EU member and my wife is non EU country.
Until now she was on extended 5 yr visa depending on my status as a EEA sponsor. Over a year ago (yes HO kept us uninformed for over 12months) my wife applied for indefinite stay under my EEA status and me being self employed for majority of past 6 years. Her application was rejected based on the fact that me as a self employed I was not exercising treaty rights enough (lack of enough evidence like invoices or tax returns for past 5 years)

We do have right to appeal and thought we could maybe support our application stating we currently are high education - my wife has a year left to her degree (part time studies while working full time) and I've got two years towards my degree (studying full time).

Don't know really what to do as my wife being deported to her country (Zimbabwe) means for all my all of us - 6 year old daughter and unborn son, that we will all suffer. All the savings will go towards flights and some accommodation for sometime. Without degrees and high savings there is no way to succeed as we know how unstable economics is there with almost impossible to find employment.

Please help as I don't know what to do next. I did. It expect this outcome.

[sheraz7]

1st of all there is no need of being panic from the standard refusal letter because your non-EU wife still has the right of residence because only her PR confirmation is refused. You can appeal/reapply with correct documents covering 5 years of treaty rights evidences. Or your wife can apply another 5 years of EEA2 RC based on your recent mode and evidences of treaty rights.

[gabi80]

1st of all there is no need of being panic from the standard refusal letter because your non-EU wife still has the right of residence because only her PR confirmation is refused. You can appeal/reapply with correct documents covering 5 years of treaty rights evidences. Or your wife can apply another 5 years of EEA2 RC based on your recent mode and evidences of treaty rights.

Home Office has retained my wife's passport and marriage certificate stating that she's no alternative basis of stating in the UK. And also that she has to make arrangements to leave. So we confused about how to make another application without passport?

Since permanent resident application our circumstances changed as I'm now exercising treaty rights as a full time student since September 2012. I just finished the first year.

[Obie]

Did they give you a right of appeal. Then by all means exercise it.

[EUsmileWEallsmile]

There is a very similar story from another poster here here

As long as the EU national is currently exercising treaty rights, then at the very least, a residence card should be issued.

[gabi80]

Thank you guys for your help.
I am wondering in case of appeal rejected what other option does my wife has? Because refusal notice states that she should make arrangements to leave UK if unsuccessful. How long the appeal decision take?

[EUsmileWEallsmile]

Thank you guys for your help.
I am wondering in case of appeal rejected what other option does my wife has? Because refusal notice states that she should make arrangements to leave UK if unsuccessful. How long the appeal decision take?

If EU national is currently exercising treaty rights then the non-EU family member can be in the EU state. Do you understand that? It is very important for your situation.

Arrangements to leave the UK only would apply to those who have no basis on which to remain.

[Obie]

Section 85(2) may well be in play. An appeal will therefore not be simply confined to Permanant Residence Issue, but all grounds on which the appealant could reasonably make a claim to right to stay in UK.