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I am a 32 year old Irish man who has been married to a chinese women for the last six years. We got married 28/09/2006, she first arrived London Jan 2007 and got a 5 year EEA family permit valid till SEP 2012.
Eight months ago she applied for EEA4 perminent residence and we have just yesterday recieved a refusal letter stating that we "failed to give enough evidence that I was exercising treaty rights" which I find strange, as I have lived in London since I was 18 and have had various jobs as well as being self employed a few years ago (I have just applied for a uk passport as I think it may help down the line).
The other reason for turning her down was that in 2009 she had a misscarriage and was very sick and depreseed so that year she went back to china many times, twice staying for a long time. In total that year she was out of the uk for 8 months.
The letter ends "As you appear to have no alternative basis of stay in the uk you should now make arrangments to leave. If you fail to do so voluontarily your departure may be enforced".

Where does that leave us? I thought as a european I had a right to have my wife live with me?
1. Would it be worth appealing?
2. Is there some kind of European appeal process?
3. Can my wife apply for another temporary EU residence permit?

Any help would be really appreciated!!

Many thanks!

Where were you born? If you were born in the UK you may be a dual national, if so your wife should appeal as without an ongoing appeal against the refusal she may find that you will no longer be treated as an EEA national for applications under the EEA regulations and hence she would no longer be able to claim to be a family member of an EEA national.

I would say she should -

1. Appeal

and

2. Apply for in tandem on EEA2 & EEA4 for a Residence Document & Permanent Residence Document.

If you weren't born in the UK and/or are not automatically British you might be best holding off on applying for the British passport.

el patron wrote:Where were you born? If you were born in the UK you may be a dual national, if so your wife should appeal as without an ongoing appeal against the refusal she may find that you will no longer be treated as an EEA national for applications under the EEA regulations and hence she would no longer be able to claim to be a family member of an EEA national.

I would say she should -

1. Appeal

and

2. Apply for in tandem on EEA2 & EEA4 for a Residence Document & Permanent Residence Document.

If you weren't born in the UK and/or are not automatically British you might be best holding off on applying for the British passport.

My mother was born in UK, and she holds a brithish passport. I was born in ireland, so it should be easy for me to get a british passport while retaining my irish one.

Many thanks

It is one thing saying, your have been in UK since you were 18, but did you provide evidence to that effect, showing that you have been exercising treaty rights as an Irish national for a complete five years period? Have you been working or self employed for a complete unbreakable period of 5 years preceding the marriage or following the marriage.

It may well be best to appeal. There is a Statutory right of appeal process. Exercise it, it has a time limit constraint of 10 days.

You can apply for new residence Card provided you do not fall within the scope of the amended regulation, that prevent British Citizens who are also national of another memberstates from using the EEA regulation.
The fact that you do not hold a British passport, does not make you less a British, than if you held one.

Obie wrote: The fact that you do not hold a British passport, does not make you less a British, than if you held one.

I was going to register as a British citizen using the UKM form and in turn use that to get a uk passport. So I should definitely not do that then.

I could send more proof of work if we appeal but what about the eight months out of the uk in a year they say this restarted her residence and wiped out all the previous time she spent in the uk?

thanks for the advice

Provided the 8 months was a one of absence, for very important reason, which i belive includes the one you mentioned, and it is documented, then it should not be a factor, but the burden is on you, to show the absence fall into the category listed in the directive.