Surinder Singh & Eind

Mikethebook · Post by **Mikethebook** » Thu Sep 18, 2008 4:22 pm

I am a British Citizen returned recently and permanently to the UK with an American wife after working in Austria for several years and where she was legally resident. So therefore, in applying for her Resident's Card she falls under the Surinder Singh ruling. My question is regarding me exercising Treaty Rights back in the UK. I have not yet found a job but my wife is part-time self-employed and we have enough savings to keep us going well enough for at least another year until such time as I bring in further income. Is this enough under the Surinder Singh conditions or is the ECJ case of Eind being applied yet allowing my wife to stay in the UK regardless of our financial status or me exercising the equivalent of Treaty Rights?

Richard66 · Post by **Richard66** » Thu Sep 18, 2008 4:30 pm

You can't exercise treaty rights in your own country. The Surinder Singh says you needed to have exercised treaty rights in the other EEA country. It doesn't say you need to return to the UK to work.

Mikethebook · Post by **Mikethebook** » Thu Sep 18, 2008 4:40 pm

I think you misunderstand my question. I exercised Treaty Rights in Austria, working there, but in returning to the UK, the Surinder Singh ruling still states that the British Citizen is required to act as though exercising Treaty Rights i.e. by pursuing some sort of economic activity that means that he and his non-EEA wife will not be a burden to the state. My question relates to what extent I need to show I'm seeking a job or that we are financially independent, at least for now OR whether the Eind case has been tested in the UK and that financial status is no longer relevant.

sakura · Post by **sakura** » Fri Sep 19, 2008 4:09 pm

Mikethebook wrote:I am a British Citizen returned recently and permanently to the UK with an American wife after working in Austria for several years and where she was legally resident. So therefore, in applying for her Resident's Card she falls under the Surinder Singh ruling. My question is regarding me exercising Treaty Rights back in the UK. I have not yet found a job but my wife is part-time self-employed and we have enough savings to keep us going well enough for at least another year until such time as I bring in further income. Is this enough under the Surinder Singh conditions or is the ECJ case of Eind being applied yet allowing my wife to stay in the UK regardless of our financial status or me exercising the equivalent of Treaty Rights?

Although you can apply under the Singh route, why don't you apply for a spouse visa? Better yet, if you have been married for at least four years and lived outside the UK during that period, why not apply directly for Indefinite Leave to Enter (ILE; which is like permanent residency) for your wife?

(Or would that be too late, as they are already back in the UK?)

ciaramc · Post by **ciaramc** » Sun Sep 21, 2008 2:36 pm

Hey just some info,

A friend of mine, British citizen, non-EU husband returned to the UK aftr she had spent 8 years exercising EU treaty rights in Italy, so he came in as a family member of an EU citizen, which then entitles him to travel without a visa according to the directive! But if they had have come in under British national law he would have had to apply for a visa to travel....free of course!

It is much easier to get your spouse admitted as a family member of EU national rather than a British national...crazy I know!

But I think is takes longer to naturalize...eg citizenship!

Richard66 · Post by **Richard66** » Mon Sep 22, 2008 3:33 pm

Are you telling us this friend of yours managed to enter the UK with the non-EEA family member without the famous EEA FP and without the infamous visa?

Where's the Champagne?

ciaramc · Post by **ciaramc** » Mon Sep 22, 2008 8:17 pm

No i wish I dihave good news like that!!!

She fought.....her way! And eventually got him admitted with an EEA family permit as the spouse of an EU citizen....which means he will not have to apply for a visa as he is not in the EU under british national law but undethe Directive!!!

She waited almost two years.....but she did it!!!

jei2 · Post by **jei2** » Tue Sep 23, 2008 10:59 am

Well things appear to be getting a little easier....

http://www.bailii.org/uk/cases/UKIAT/2008/00069.html

Richard66 · Post by **Richard66** » Tue Sep 23, 2008 6:02 pm

Aha!

Now, if they would just scrap this stupid EEA FP!

Actually, I see you're an immigration consultant. Maybe you can give my wife and me a hand?

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Surinder Singh & Eind

Surinder Singh & Eind

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