Hi, I am looking for some advice on applying for EEA FM Residence Card for my wife.
I am British, she is Non-EEA. We are currently preparing the application and accompanying
mountain of documentation.
We were married in 2016 and very soon after my UK job ended, so I took a job overseas and we
moved to a EU member state where we lived for over 1 year. The job was too good to turn down
financially compared to previous one. We had planned to apply for Residence but did not do it due
to my employment situation.
For the time we spent in EU state, we have house rental agreements, social security numbers,
I have a bank account in EU state, I paid taxes there and we both integrated there.
She did not work. Family from both sides came to visit us during our time there.
We have returned to the UK and were admitted easily under Article 10, passport stamped on
arrival. We now rent a property in UK, pay council tax, bills etc. and her name is on
the agreements. She does not work in UK either. I earn sufficiently to permit this to happen.
(No intention of claiming benefits etc..!)
While this is not the case - I have been reading about "potential indicators as to whether a
person might be seeking to circumvent the UK rules":
"if the family has never made such an application, the reason the family member did not to
apply to join the British citizen in the UK before the British citizen moved to the EEA host country"
"the timing and reason for the British citizen moving to the EEA host country"
"the timing and reason for the family member moving to the EEA host country"
"the timing and reason for the family unit returning to the UK"[/size]
Is it likely our application will be refused on the basis that we attempted to circumvent UK laws
by moving to the EU state after getting married and that we did not live anywhere else together?
I have employment contracts which clearly show I was let go and that an opportunity presented
itself and could not be turned down. UK Job ended and new job started very soon after.
During 2017, we entered UK many times for family visits, etc. Mainly because my grandmother who
had already been diagnosed with a terminal disease had been told her condition worsening.
Sadly she passed away in March 2018 and we have decided to stay in UK as I am named as
Executor of her will. (Obviously death cert/will can be provided to Home Office if necessary.)
My overseas employer has switched me to a UK contract and I am now paying Tax in UK.
I am worried about submitting the application myself without discussing all this with a Solicitor?!
Can anyone share their thoughts on whether we should submit everything ourselves or take advice?
Thanks
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