I think there must be more to this story than is obvious. The Entry Clearance Officer should have stated a reason for the rejection, and I think your further proceedings depend on the reason given. You can apply again or appeal the decision, and you may get the EEA family permit.

I think your husband has the right to get the EEA family permit, even if he was illegally in the UK before. I would recommend to ask the EU signpost service for clarification of the legal situation. They are experts in explaining the details of EU law. And you can ask SOLVIT for assistance in your case. They should be able to contact the UK officials and get an answer within a few days. You can also ask the EU commission for take up your case, but since this involves the official channels, it can take a long time. I would only do that as a last resort.

* SOLVIT http://ec.europa.eu/solvit/site/index_en.htm
* Signpost (legal advice) http://ec.europa.eu/citizensrights/
* EU commission complaint http://ec.europa.eu/community_law/compl ... dex_en.htm

One advantage of all these three options is that you can use all three services from your home country and in your native language. And always give all the relevant details, because your case seems to have quite a lot of history.

 

Hi,

Unfortunately i'm not writting to give advice as I'm in the same situation myself only I'm the non EU citizen who overstayed and my husband is an EU citizen.We are at our wits end at the moment .We are going through a process of appeal withthe AIT and my husband will attend the hearing as he is in England now.Where you given a right to appeal in your case?if yes,i think it might be helpful for you to go to Europe yourself and help with this appeal as i'm not sure you can take advantage of the free legal services provided in UK if you are both not in the UK?

Let me know how you get on and goodluck.