Apply for 2nd EEA Residence Card Surinder Singh Route

[colinanderson1978uk]

Hello,

I am writing this post to see if anybody is either in the same position as my Wife(from Thailand) is in.

Overview of our circumstances

Left the UK July 2013, quit my job no place to live in the UK. Went to Thailand to live with my girlfriend.

September 2013 - Left Thailand for Ireland found a full time permanent job in Dublin, started 5th October 2013.

November 2013 returned to Thailand, married my girlfriend obtained an Irish visa to join family member of EU national exercising free movement in Ireland.

Early December 2013 traveled to Ireland together rented a flat together, applied for an Irish Residence Card. It quickly became apparent that my job wasn't working out and we decided that living in Ireland might not be the best idea.

December 15th applied for a EEA Family Permit hoping it would be approved before Christmas. Obtained a job offer from a previous employer in the UK.

December 22nd still no answer about the EEA Family Permit, we decided that we would enter the UK via Northern Ireland avoiding immigration control, and await the decision on the Family Permit whilst in the UK.

Early January 2014 we received a refusal for the Family Permit, I promptly sent a complaint to the Dublin Embassy detailing that I didn't have any assets in the UK, no job & nowhere to live and my travel to Thailand and I threatened to go to the European Court if the Visa was not issued.

20 January we received an email from an Entry Clearance Officer the following

"Thank you for your letter dated 16 January 2014 about the decision to refuse the
application for an EEA Family Permit made under the above reference. In light of your
correspondence an Entry Clearance Manager has reviewed the decision made on your
application. Having done so, and taking into account your employment circumstances in
Ireland, the Entry Clearance Manager was satisfied that the EEA Regulations were in fact
met and has revoked the decision to refuse the Family Permit, which will be issued upon
receipt of Ms ******* passport."

End of January we went in person to an office in Croydon and they place the family permit in my wifes passport.

In March 2014 applied for a EEA Residence Card of a Family Member, supplied all the same evidence previously supplied for the Family Permit and the appeal letter. Residence Card issued as a Immigration Status Document in May for 5 years as we asked for early return of the passport.

Subject of concern now

So my wife's Immigration Status Document is in OK condition but we want a BRP and we want to clarify her status in the UK because the changes in 2016 potentially there might be a problem with renewal of the card. We have 3 British Citizen children living with us.

We have had 3 absences from the UK in 4 years, 1st about 4 months, 2nd about 6 months and 3rd 11 months, but these absences were due to being pregnant 3 times and I believe that they might be overlooked.

Also my wife only lived in Ireland for about 3 weeks, although we did convince the Entry Clearance Manager back in 2014 possibly based on the old rules until they were changed on the 1st January 2014. I am not sure what we have and our circumstances will be enough under the new rules that I believe have been unlawfully applied in the 2016 changes.

Her residence card doesn't expire until May 2019, if we apply say now, we need to send all our documents again. I am concerned that if they decide not to issue a new residence card what will happen to the unexpired card, will they send it and the passport back or will they keep them and attempt to remove my wife subject to any appeal?

We would probably win at a tribunal, and the Brexit situation could create a new problem as well.

Thanks for any replies.