Switch from eea permit to uk spouse or appeal

[JeAhDa]

My husband is non EU, I have joint UK and Dutch passports. He was granted the 6 month EEA family memeber visa but today denied the 5 year visa. Reasons: insufficient evidence of marriage to EEA (7 yrs marriage and a child..) and that the EEA citizen has dual nationality.

It didn't seem to matter on the first visa but it does now. My question is we need a visa asap, he has just secured work (I have job for nearly a year here) Can we switch to getting him a UK spouse visa? Or is there a way to appeal the EEA visa decision

He is from a country he cannot easily return to and his child is here in UK with only EU passport.

Thank you please help

[Richard W]

My husband is non EU, I have joint UK and Dutch passports. He was granted the 6 month EEA family memeber visa but today denied the 5 year visa. Reasons: insufficient evidence of marriage to EEA (7 yrs marriage and a child..) and that the EEA citizen has dual nationality.

Where were you living before you came to the UK? Were you working there? You might be able to use the Surinder Singh route if you came to the UK from a third EU country.

I think your husband can't usefully switch to a UK spouse visa from within the UK. If he is not covered by the Surinder Singh ruling, then he is in the UK unlawfully.

[JeAhDa]

Thank you for replying. We were both working in Middle East. The UK embassy cleared the EEA entry visa so we thought we could continue on that line. It has been denied so now we need new option - we have right of appeal but don't want to waste time. We need visa and stability. Everything has taken so long till now. He is from Palestine so cannot return to that country. Wife and EU child living and working here over the stipulated salary/income bracket. Surely there is a right to family life of his child??? Or a way to switch to UK vid if they do not like my dual nationality.

Fingers crossed!!

[Richard W]

Wife and EU child living and working here over the stipulated salary/income bracket. Surely there is a right to family life of his child??? Or a way to switch to UK vid if they do not like my dual nationality.

The get-out clause would be Rule EX.1. It would be much easier if your child were British. You would be able to register your child as British under Section 3(2) if you had lived in the UK for 3 consecutive years before its birth, though you might have been hoping to register it under Section 3(5) once you had live in the UK for three years.

Your Dutch citizenship does not count against you.

The Surinder Singh option is not open to you. I suggest to the moderators that this thread belongs in the "Immigration for Family Members" forum.

[Obie]

Is your child British? If he is, then EX1 may apply.

It will be stupid not to file an appeal, as he will lose all his right to work and wait for several months for FLR(FP)

Best option is to file an appeal, and also try the FLR(FP) option, provided of course your child is British.

[JeAhDa]

Thank you rule Ex1 seems promising. Child is Dutch not UK could get uk through ancestry but want to get it through living here (as was trying to secure future generations) No time right now to change. Have to keep husband here. Does anyone know if citizens advice has ideas for this type of thing? Instead of appealing can we apply for UK Spouse visa and pay the extra for same day service or am I getting confused?
Thank you for all the feedback...when envelope arrived I thought amazing our prayers answered...sadly the opposite

[Obie]

How did you obtain your British Citizenship?

[JeAhDa]

Through decent from my father. I lived in UK for 33 years then met my husband overseas. I was born in holland to Dutch mum. Hence dual nationality. That said all my life in UK bar recent 8 yrs in Middle East.

Is that good or bad???

[CR001]

Out of interest, did you declare that you hold both UK and Dutch nationality for the EEA Family Permit application overseas or did you only declare Dutch citizenship??

[JeAhDa]

Declared on both occasions- not likely to lie to hmrc

[CR001]

Declared on both occasions- not likely to lie to hmrc

You mean HO not HMRC (tax man).

Surprised then that a family permit was issued.

[facebook.user]

Don't care about them. He does not need RC to live in the UK if your marriage is valid.

[JeAhDa]

Thanks but surely he needs something in his passport otherwise how will he work or travel?

[JeAhDa]

My Palestinian husband entered Uk with me (wife) with a EEA family permit. On arrival we both secured jobs and he applied for 5 yr visa. Received COA with right to work and felt confident. However application has been denied with right to appeal. Reasons no evidence of relationship with eea national. And Spouse considered UK citizen (I do have dual nationality) that said HO accepted our marriage and and my Dutch passport when we applied for 6 month visa, so why not now? Moving forward due to his nationality and that we have a. Hold together (who has ruled passport) and that we love each other of course we need to find away to stay in uk and continue working. An we appeal and meanwhile switch to appendix fm of uk Spouse? Or because he entered as eea do HO have to grant eea? There is no other country for him to go to. Please advise. It has been an emmensley stressful time

[Richard W]

There is no other country for him to go to. Please advise.

To be brutal, you two can go anywhere in the EEA except the UK, the Netherlands and Liechtenstein that you the OP can find work.

I believe you could even park husband and child across the Channel or the Irish Sea and do a weekly commute - work in the UK, sleep in the UK Monday to Thursday, and have a home overseas - possibly even within the CTA. You'd be a 'frontier worker' in EU jargon. He can then apply for a UK spouse visa. It's not a pleasant or a cheap option, but it is an option if you are earning over £22,400 (or possibly £18,600) a year, and many men do it over lesser distances. At present, the income threshold does not rise (from £18,600) for an EEA child with a right to be admitted or reside. Your child would have a right to be admitted until the Home Office decided it was abusing the freedom of movement, but it might be risky to advance that option.

The UKVI page https://www.gov.uk/uk-family-visa/proof-income makes no mention of an increase in the threshold, but then on attempting to check what visa the child would need to come to settle, one is unhelpfully told that an EEA national needs no visa to enter the UK.