Provisional driving license for non-EEA spouse

[Lesaimon]

Hi all,

Needing a bit of guidance on this one...

I am French and my non-EEA wife has recently applied for a provisional driving license as she has been in the UK for almost a year now.
We have sent all documents to DVLA but her application was rejected on the grounds that from her passport there was no evidence she had the right to stay legally in the UK for more than 185 days. Which is technically true since, as we are married, she can enter the UK and live with me without needing a visa. We had sent as one of the supporting documents a copy of our French marriage certificate and notarized translation and explain that as per European directive 2004/38/EC, she has the right to live in the UK with me and does not need a visa.

Despite this explanation, DVLA are still inflexible and are asking for a valid visa or residence card.

What would you recommend?

Regards

[CR001]

Apply for a residence card as proof of her right to reside.