EEA Family Permit - spouse of Brit living in Spain

[wet26]

My husband has been living and working in Spain since August 2007, which I believe classes him as an EEA national for the purposes of applying for an EEA family permit for me (i am australian).

We have been living together for 18 months and we married on 1 June in Las Vegas.

I have been unlawfully in Spain for a long time.

My husband needs to return to the UK as he has lost his job in Spain. Will my application be assessed under EEA rules or UK immigration rules because I overstayed in Spain?

Although my husband is British, because he has been living in Spain for almost 2 years could I travel to england with him without a permit and be given entry clearance as his wife? I ask because I have applied for an EEAFP but I may not be able to get an interview before we are due to travel. Under EEA rules I believe it is possible, but then there is my overstay problem.

Finally, I applied for an EEAFP as an unmarried partner on 5 May. My boyfriend then proposed and we decided to get married asap. I asked for my passport to be returned as a matter of urgency as I needed it for travel. The consulate in Madrid then refused my application on the basis that we had not been living together for 2 years and returned my passport to me. Will this jeopardise my application as a spouse? We are in a genuine relationship and its not a marriage of convenience, but how do I best convince the HO of this?

Thanks in advance.

[vinny]

See also Important Judgement : EEA Family Permits and
EUN2.14 Can family members of British citizens qualify for an EEA family permit? and
EUN2.5 What did the ECJ judgment on Metock say in relation to issuing EEA family permits? and

EUN2.10 What if I suspect a marriage/civil partnership of convenience? and
Marriages and Civil Partnerships of convenience and
IS (marriages of convenience) Serbia [2008] UKAIT 00031.

[wet26]

thanks for the links - especially to the website with the judgements as I'd not seen that before.

From reading all that, I think it would be safe to say I should be granted the permit, given that we can provide evidence of having lived together so we shouldn't be considered as having a marriage of convenience.

My appointment at the consulate is on Friday 12 June, so I will post back once I know either way in case it will be of help to others.

[ciaramc]

Wet26 - so you are not legally resident in Spain??? Can you keep me updated how long it takes to be issued and what documents they asked you to supply?

Thanks!! And good luck!