URGENT!! EEA Residence card refusal, faced removal from UK

[jankano]

My wife is a non-EEA national, while I am a Latvian citizen. I have lived in UK for more than six years as a student.
We have applied for her to recieve a Residence Card as a family member of the EEA National and today got a refusal.

The grounds of refusal and other relevant information is as follows:

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You have applied for a residence card as confirmation of a right of residence as the family member of an EEA national, but your EEA family member has failed to provide evidence that they are a qualified person in Regulation 6 of the Immigration (EEA) Regulations 2006.

You do not have basis to stay in the UK under the Immigration (EEA) Regulations 2006.

As you appear to have no alternative basis to stay in the United Kingdom you should now make arrangements to leave.

Your documents have been retained and responsibility for your case has now been passed to you local immigration team. You should contact the below number to discuss your departure from the UK.

You are entitled to appeal against this decision. You have 14 calendar days to appeal.

If you consider that you have right to reside in the United Kingdom as a matter of European Union law, and are in a possition to submit the neccessary information to support your application for residence card as a recognition of that right, you may alternatively wish to submit a further application.

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The basis of refusal was that although I do have an EHIC issued in Latvia and did provide it, it does not cover my wife and that she has to have a Comprehensive Sickness Insurance (CSI).

Furthermore, they have retained her passport and said that she should make arrangements to leave UK within 14 days.

We are fine with getting CSI sorted and reapplying straight away, however it might be a problem to do so without a passport.

So the main issues are:

1) Is there actually any legal basis for her to be removed from UK? If not, what should we do and how should we prove it and to whom?

2) How do we get the passport back for the purposes of reapplication?

3) If we reapply, can my wife remain in the UK or must she leave anyway?


Thank you for any help provided, really desperate to not have my wife removed from UK.

[Wise]

Firstly,

If yourself has been a student for six years with valid CSI why don't you apply for permanent resident card and just keep at home in case of Brexit even if you've got the status automatically anyway.

For the family member, once you can provide csi for the spouse you can just re apply straight away quoting the reference number on the corespondent you have received from the HO and they will link it with the passport.

At this stage i don't think you need Lawyer as long as you're a qualified person they cannot remove your spouse except if they suspect your relationship and the worst is interview for both of you mostly separately. Also in the application form you the EU national should click that you have acquire the permanent resident right even if you don't posses it yet as to your 6yrs in UK, again i will put my student school paper work in a separate plastic bag with ID and apply with your family member using just one form together and you can as well get your PR card at once. But don't apply to be British until your spouse get his/her permanent resident card otherwise spouse get back to zero status under EU.

Good luck

[jankano]

Thank you Wise for youe advice.

I do want to apply for a PR, however at the moment I do not have my old EHIC card so do not posses enough evidence to show I had CSI for period of five years. Need to go back to Latvia to get a confirmation from the authorities that in fact I did have it all this time (in Latvia they issue EHICs for 3 years at a time). Couldn't afford a trip due to family/study commitments, but once I will go there, will get this sorted.

Regarding the family member, this is a relief to hear that they can't remove her. I really hope that it won't come to the stage where they try to. Otherwise do not know how to even begin proving that she has every right to be here with me.

Will reapply first thing next week and hopefully they will be able to link up application with the passport despite them stating that "passport has been sent away to local immigration team" wherever that is.

About being Brittish, can't apply even I wanted to yet. Must have an actual PR card (not just the de fact status) for a whole year prior to that.

Anyways, greatly appreciate the help. Thanks.

[noajthan]

1) There is a legal right of administrative removal.
Caseworkers don't just make this stuff up.

But regularise wife's status via yourself as qp and all will be well.
Ofcourse no time now for wife to acquire PR in the normal way.

[jankano]

Well, this is exactly the main concern. Will she have to leave prior we are able to regularise her status via myself as qf?

[noajthan]

Well, this is exactly the main concern. Will she have to leave prior we are able to regularise her status via myself as qf?

No.
If you can prove you are a qualified person and, if a student, that there is CSI cover in place for family member/s then simply submit an application for a RC. You can cross-reference the passport that HO is holding.