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I'm a British citizen, my wife is an Argentine national. She has applied for UKRC (Surinder Singh rules). The decision is likely to happen in September. We are not hopeful of success and will consider an appeal if that happens.

She needs to travel to Argentina in November for her son's graduation from school (18 years old). It's a big event culturally, far bigger than even university graduation here and the family expectation is that she will go.

There are no problems leaving, she will have her passport etc by then, but the concern is re-entry. With either her initial decision or, more likely, her appeal, pending, what is her legal position?

She is a non-visa national, so should get re-entry, but I may be missing something vital.

  • What is her status now if she leaves the country? – Martin Bonner Jul 13 '18 at 13:21
  • Does she still have her Spanish Article 10 card? How long have the two of you been in the UK? Do you still have a residence in Spain? She is liable to be refused as a non-visa-national visitor because she would not be a "genuine visitor." That would leave you with the options of continuing to pursue Surinder Singh recognition or applying for a (costly) family visa under the Immigration Rules. – phoog Jul 13 '18 at 13:27
  • We left Spain before she had possession of her Article 10 card. She had a date by which to pick it up, everything was in order but there had been delay after delay, problems with the landlord and we just left. At Liverpool airport, the IO said he would let her in on a tourist stamp as he had no info on the paperwork that I had available ( it was in Spanish). We already knew that she could apply under EU regs and the application was accepted by the HO over 2 months ago. She now has her NINO, registered with GP etc and has a job in the pipeline. I guess she is going to have to miss the trip. – Kevin Armstrong Jul 13 '18 at 19:12
  • We entered the UK on 21/12/17. We gave up our tenancy in Spain the same day. We had been there for 10.5 months. Just for info. the l/lord problem was him not paying the electricity bill ( included in the rent) it was cut off and he supplied it via a feed from the next door apartment that he also owned arguing that it was an admin mix-up. 3 weeks went by, nothing changed, we didn't feel safe, and by then we'd really had our fill of Spain so just came back here. – Kevin Armstrong Jul 13 '18 at 19:18
  • Interesting. Four months is normal for a residence card application? I have not seen anything on how prospective "settled status" would look for family members under the Surinder Singh principle. Have you? The government's pages on the topic don't have much to say. – phoog Jul 13 '18 at 20:13

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