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This afternoon my wife received her application for an EEA family to enter the UK along with a letter of refusal. Needless to say we are absolutely gutted. I wish to give a little background info of us and our current situation, diluted of course as to not give too much away.

My wife, a 20 something Chinese national with a degree in English which was received in China.
Myself, a 30 something Englishman and a student, who should be currently be studying my second year of a four year course at university. We are both very much in love and in no way is this marriage a sham.

I spent my first year at university living in their halls of residence while my wife continued to live in China and the plan was for her to come to England and move in with me before the commencement of my second year. As we started to plan her coming to the UK around last Christmas, we realised the issue concerning immigration laws. Needless to say, as a student, I do not posses the assets necessary to meet the UK financial prerequisites in order to bring my wife in to the country,

After browsing this forum we came across the SS route and decided we should attempt to use this loophole and enter the UK after my first years studies had ended, during the summer and hopefully return to the UK before university recommenced in early October, or at the very least before November.

We met in Dublin in the second June, but unfortunately I wasn't able to start work until late July due to my employer being slow to get things moving, despite signing a contract of employment in early July.

Anyways, last week was the 12th week that I had been exercising treaty rights and we submitted our application. We submitted the standard documents needed, passports and Stamp 4 stuffs along with a host of others, including; both our PPS certificated, all my payslips, three months worth of receipts for purchases over 5 Euros, evidence of my wife's savings (totaling more than twelve thousand pounds), her education certificates, library memberships and borrowing receipts, gym memberships, bus tickets and bus cards, etc. Literally everything we could think of.

On top of this my wife composed a personal statement attached with the application describing the additional stuff that we had sent, also stating that I wanted to return to the UK to complete my studies and she wished to accompany me to reside for the duration of my studies before we moved back to China.

The officer basically said that we had not provided enough evidence to support my 'transfer of centre of life' along with the short time frame of our stay here and the reasons for us returning to the UK have bought them to the conclusion that we never intended to remain in Ireland and that our application was 'an attempt to circumvent UK immigration laws'.

We are wondering if it is any use in appealing or even reapplying because the Immigration service are already aware of what we are trying to do based on the fact that I am a student and still enrolled at university.

I am literally at my end now as I am torn between the decision of leave my wife and risk ruining my marriage or stay and risk ruining my education... not to mention the £20,000 worth of loans I would have to pay back if I decide to leave university.

Please, if anyone has any idea on how we should proceed, we would be eternally grateful.

Regards,

StrandedStudent

StrandedStudent wrote:This afternoon my wife received her application for an EEA family to enter the UK along with a letter of refusal. Needless to say we are absolutely gutted. I wish to give a little background info of us and our current situation, diluted of course as to not give too much away.
...

After browsing this forum we came across the SS route and decided we should attempt to use this loophole and enter the UK after my first years studies had ended, during the summer and hopefully return to the UK before university recommenced in early October, or at the very least before November.

...

Anyways, last week was the 12th week that I had been exercising treaty rights and we submitted our application. We submitted the standard documents needed, passports and Stamp 4 stuffs along with a host of others, including; both our PPS certificated, all my payslips, three months worth of receipts for purchases over 5 Euros, evidence of my wife's savings (totaling more than twelve thousand pounds), her education certificates, library memberships and borrowing receipts, gym memberships, bus tickets and bus cards, etc. Literally everything we could think of.

...

The officer basically said that we had not provided enough evidence to support my 'transfer of centre of life' along with the short time frame of our stay here and the reasons for us returning to the UK have bought them to the conclusion that we never intended to remain in Ireland and that our application was 'an attempt to circumvent UK immigration laws'.

We are wondering if it is any use in appealing or even reapplying because the Immigration service are already aware of what we are trying to do based on the fact that I am a student and still enrolled at university.

I am literally at my end now as I am torn between the decision of leave my wife and risk ruining my marriage or stay and risk ruining my education... not to mention the £20,000 worth of loans I would have to pay back if I decide to leave university.

Please, if anyone has any idea on how we should proceed, we would be eternally grateful.

Regards,
StrandedStudent

SS is not a 'loophole'.

However 12 weeks in Eire is not really following the SS route. (I have had business trips that lasted longer than 12 weeks).
And 3 months is the standard grace period for moving to any memberstate under free movement.
No rights are acquired in less than 3 months.

On top of EU law the UK (as you have found) applies its somewhat controversial centre of life test.
HO plays hard ball.
You need to have moved to your host country lock stock and barrel rather than trying to squeeze this in like a summer vac job.
Clearly having a course to go back to rather gives the game away.
You should have planned to spend 6 or 9 months or a year or more in Eire.

You do not appear to have any grounds for appeal.
12 weeks away would hardly have cut it even in the heady early days of SS (of several years ago) ie before UK tightened up their flavour of the SS rules.
Its regrettable you did not ask questions along the way.

Now time is not on your side what with Brexit looming.
Suggest put studies on hold, return to Eire or a.n.other EU country.
But as you say you have shown your hand and may have blown it. Noone can say for sure.

Apart from relocating elsewhere in the world, the other option you have is the conventional UK domestic route and a spouse visa.
Expensive yes, rigorous in its requirements yes, involving pain and possible separation for some time yes.
But that's the only option for regular Brits with commitments and, in the brave new post-EU world, that's how its going to be unfortunately.

Thanks for the reply buddy.

On the end of the reply letter it did say we have grounds for appeal, but upon checking the fees just now we have seen that since 10th October the price for a 'paper appeal' has jumped from £80 to £480 and a hearing has jumped from £140 to an incredible £800!

I thought that having been here for for 4 calendar months and wanting to go back and study they may be a little more lenient... but it seems we are now completely shafted.

Thanks anyway for the reply. we will go away and consider our next move.

StrandedStudent wrote:Thanks for the reply buddy.

On the end of the reply letter it did say we have grounds for appeal, but upon checking the fees just now we have seen that since 10th October the price for a 'paper appeal' has jumped from £80 to £480 and a hearing has jumped from £140 to an incredible £800!

I thought that having been here for for 4 calendar months and wanting to go back and study they may be a little more lenient... but it seems we are now completely shafted.

Thanks anyway for the reply. we will go away and consider our next move.

Yes, you're getting a sense of the how the land lies in the prevailing climate vis a vis Europe and EU.
You have fallen foul of the UK's somewhat controversial centre of life rule.

This is not part of the cleaner, purer EU law and free movement Directive. In fact it is not compliant with EU law.

You may have right of appeal. Unclear on what grounds though, unless you wish to take on UK gov and fight on the whole question of the (il-)legality of the centre of life requirement.