Surinder Singh in relation to Dual citizen sponsorer

[Beadster]

Hello
I am a New Zealand citizen and I currently live in New Zealand with my girlfriend who've I sponsored for NZ residency as my defacto partner. We wish to move back to the UK. She has dual UK and Greek citizenship. Her family including parents live in Greece. She has been living in NZ for over 2 years now and has only been back to Europe for a couple of months each year.
Here is where my question gets tricky. I know that the UK changed its rules on the EEA and Surinder Singh so that the applicant must work for at least a year (previously 3-6 months). In addition they must show that the European country is their extended centre for living, by joining clubs, integrating into the community etc.
However my partner is permanently integrated, with ties of family, language, property ownership, and friends.

Question 1: does she still have to demonstrate the 1 year work period in addition to the obvious existing integration? (the aspects of seem to be separate as criteria in the Surinder Singh terms)

Question 2: Could any income from property rental in Greece be seen as self employment earnings and could that included as part of the one year period (if she must still account for that time) despite her being in NZ during that period?

Question 3: Can the partner (i.e. Me) still enter the UK and work whilst applying for a UK residency card using form EEA2. Or has that now changed from what I've seen elsewhere online.

Sorry if they seem like dumb questions, however I haven't seen examples of Surinder Singh being applied to dual citizenship.

Many thanks

[AngieD]

Where are you getting the "work for one year" from?

You don't have to work for a year in your EU host state. Currently UKVI expect you to move your centre of life to the EU host state and also expect status as a worker either employed or self employed. Note UKVI expect - "O" v Netherlands Case Law would suggest otherwise.

Many of those choosing to return to the UK under Singh Case Law currently have their FP approved after an average of 5 months in the host state.

[Beadster]

Hi
Thanks for the reply. I got the reference on this site. The below link being an update re. the 2014 UK Changes to Immigration rules
https://robynthegraduate.wordpress.com/ ... e-of-life/
How reliable is I'm not sure. Here is the quoted content.

"No, there is guidance document disclosed under Freedom of Information and it gives examples of people only living and working for 6 months as a reason for rejection. 1 year or any time scale isn’t mentioned, but Home office interprets the new rule to mean you are unlikely to meet the requirement in much less than a year (http://www.expatforum.com/expats/britai ... lease.html)

The Surinder Singh route has changed and in order to qualify you are expected to move the center of your life to an EU country meaning you integrate into the community, speak the language, join a church, football club etc. 3 months won’t be enough. A year is more likely necessary (http://www.expatforum.com/expats/britai ... tizen.html)

Thanks again for the reply

[AngieD]

Well from what I have witnessed on other groups relating to the "Singh" route - the average time for a successful FP application is currently average of 5 months residence in the EU host state. This is after the "centre of life" test came in.

Every case is supposed to be treated on its own merits - if you can satisfy UKVI that you have moved your centre of life and are a genuine and effective worker then they should issue the FP.

[CR001]

My understanding is that Surinder Singh is for British Citizens exercising treaty rights in another EU member state (not UK) and returning with their family to the UK, bypassing the UK Immigration laws.

As a EU passport holder, the OP can arrive and work in the UK freely. OPs NZ partner could apply for an EEA Family Permit, see Here (Click) for requirements for unmarried partners and documents required.