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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 671
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I have been in the UK since 2009 and am from New Zealand

Customer Question

Hello,
I have been in the UK since 2009 and am from New Zealand originally.
My EEA family permit ran out in April this year as I'm married to a Czech republic national.
I applied for a permanent residence card which was refused just this week based on my wife not working for a full 5 years since we came back to the country as she has been off on maternity leave and not worked since our first child was born in 2012.
I need to know what my options are for staying here now do I apply for just another EEA family permit or something else?
Kind regards,
Mark
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.

Hello

Thank you for your enquiry.

Although your application for PR was refused you are still a family member of an EU national. It is a reasonable excuse that your wife was out of work because of maternity leave but it is important that she goes back to work as soon as possible because only then would she be regarded as exercising her treaty rights to remain in the UK with her family member.

If you cannot provide 5 years of evidence to support your application on the basis of your wife exercising treaty rights for the same period of 5 years then any further application for PR will be refused.

Customer: replied 1 year ago.
Thank-you for your reply I did assume this would be the case but is there any other options or visas I can apply for as she isn't in work and we have a small baby so won't be going back any time soon.
Expert:  frantzgregory replied 1 year ago.

Unfortunately there is no other option under EU law. She must go back to work to have any EU rights to reside in the UK.