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My wife, non-EU will be applying for a UK Residence Card towards the end of March.This will be a Surinder Singh application.

Our concern is what happens if she is refused? As she left Spain before she collected her Article 10 Residence Card ( she has the paperwork with start and expiry date of the card but we left Spain on 21/12, and when we went to the National Police to collect it on the 20/12, we were told it wouldn't be available until after 28/12).Apparently the Nov 2016 Regs have removed appeal rights if, inter alia, a Residence Card is not held. My contention would be that the actual card is not necessary because it has been approved, simply not collected. However, I suspect the HO will see this as an easy opportunity to refuse her application and deny appeal rights. If that is the case, would an administrative review be a way forward or would we be looking at a costly application for Judicial Review?

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