EU Family Permit - To FLR FP - To EEA(PR) - Possible ?

[blessed2018]

Dear Experts

My wife came to the UK on EEA Family Permit visa (surinder singh case) after spending a period of nearly an year in ireland. Her initial application for residence card was refused twice, and due to travel emergencies and expired eea family permit visa we could not wait for the long appeal process. Hence, we took FLR FP using the PEO appointment as she is the mother of our British Child.

Now, I am trying to understand, once she completes her 5 year in the UK (since the date she entered the UK on EEA Family Permit Visa) - whether she would be eligible to apply for permanent residence using EEA (PR) based on EU rules.

I know that EU and UK rules are totally separate and do not negate or confirm each other in any respect.

I know there might be a chance of an inital EEA pr application refusal but we are confident of success if the case goes to appeal and courts. And in worst case, if it is still refused, then we do have the option of continuing on her existing FLR FP route.

Thank you for your advise in advance.

[secret.simon]

So, just to clarify, she entered the UK on an EEA Family Permit, which was issued to her under the Surinder Singh route, but then was rejected for a Residence Card on the same route twice. is that correct?

It would be on record with the Home Office that your wife failed to meet the conditions for a Residence Card (twice) and therefore, from the Home Office's point of view, she is not covered at all under the EEA Regulations. It will therefore almost certainly refuse any PR application as it does not consider her covered by the EEA Regulations.

Can you post here the reason for refusal listed in the refusal letters for the two Residence Card applications, taking out any personally identifiable information?

[blessed2018]

So, just to clarify, she entered the UK on an EEA Family Permit, which was issued to her under the Surinder Singh route, but then was rejected for a Residence Card on the same route twice. is that correct?

It would be on record with the Home Office that your wife failed to meet the conditions for a Residence Card (twice) and therefore, from the Home Office's point of view, she is not covered at all under the EEA Regulations. It will therefore almost certainly refuse any PR application as it does not consider her covered by the EEA Regulations.

Can you post here the reason for refusal listed in the refusal letters for the two Residence Card applications, taking out any personally identifiable information?

thanks for reply,
yes thats correct.

let me further clarify

both times the reason was same that I british citizen tried to circumvent rules in simple plain few sentences, not much detailed explanation given at all

we still believe had the case gone for appeal at tribunal would have succeeded, but had emergency travel needs at that tome and could not have waited longer so got same day flr fp from peo

But taking worst case scenerio, even if we lose the eea pr case, is there any harm in applyong for it ?? Worst come worst she will still have Flr fp

And since there is not much fee for eea pr, so i m thinking to take a chance, plz let me know do you see any drawbacks in applying for eea pr while on flr fp

[blessed2018]

Dear Experts

My wife came to the UK on EEA Family Permit visa (surinder singh case route as I am British) after spending a period of nearly an year in ireland. Her initial application for residence card was refused twice reason being just circumventing rules nothing else., and due to travel emergencies and expired eea family permit visa we could not wait for the long appeal process. Hence, we took FLR FP using the PEO appointment as she is the mother of our British Child.

Now, I am trying to understand, once she completes her 5 year in the UK (since the date she entered the UK on EEA Family Permit Visa) - whether she would be eligible to apply for permanent residence using EEA (PR) based on EU rules. This way we avoid spending additional years on FLR FP to gain ILR in the UK since flr fp unlike EU route requires 10 instead of 5 years.

I think that EU and UK rules are totally separate and do not negate or confirm each other in any respect right ? I am thinking there might be a chance of an inital EEA pr application refusal but we are confident of success if the case goes to appeal and courts. And in worst case, if it is still refused, then we do have the option of continuing on her existing FLR FP route.

Since it is not written anywhere in the rule books that getting a UK visa negates any EU rights of an applicant ? Based on that, please advise is it safe for us to apply for EEA (PR) and take a calculated chance, and/or any negatives that you can think of ?

Please share your opinion. Thank you in advance.