andy and ann wrote:I am so sorry Benifa, as I didn't make myself very clear. Although I was living here I was unaware of the need to get the residence card
so I was actually living here illegally.
Whoa there! As an EEA national, you don't have a Residence Card (these are only for non-EEA family members). You may be a required to apply for a registration certificate once the initial 3 months are up, but whether you do or you don't, your right to reside is not affected. At no point were you resident illegally.
andy and ann wrote:At the time I wasn't working, just living off of my savings.
For the entire 17 months? Did you not work at all? Damn. Not pursuing an economic activity then, since you were economically self-sufficient.
andy and ann wrote:I was in The Philippines for 11 months.
Perfect. So, from what I can gather your dates may be appoximately:
- May 2007 - October 2008. 17 months resident in Bulgaria as an economically self-sufficient person.
- October 2008 - September 2009. 11 months in the Philippines for an important reason (marriage?) and pregnancy.
- September 2009 - present. Continuation of residence in Bulgaria, now pursuing economic activities.
If I've got the above more or less right, that makes either 29 months residence in Bulgaria (or 12 months, depending on your interpretation of Article 11), remembering that one absence from the host Member State of a maximum of twelve consecutive months for important reasons such as pregnancy do not cause residence to be broken.
Therefore, as far as I can see, the
period of residence in another Member State is not the problem. It's the time spent pursuing an economic activity that is the problem. I.E., only the last week.
But wait, have a look at this:
Hmm, problem is, you didn't go to Bulgaria
with Ann, until last month. This may mean that your residence in Bulgaria since (approximately) May 2007 is not counted. Also:
RIGHTS OF NON-EEA NATIONAL FAMILY MEMBERS OF EUROPEAN ECONOMIC AREA (EEA) NATIONALS, 2.5.1 wrote:Under regulation 9 of the 2006 Regulations, the family members of a British national returning to the UK will be treated as if they were the family members of an EEA national under the following conditions:
•
After leaving the United Kingdom, the British national resided in an EEA state and –
o
Was employed there (other than on a transient or casual basis); or
o
Established him/herself there as a self-employed person; and
•
If the family member is his/her spouse, the marriage took place, and the parties lived together in an EEA state, before the British national returned to the United Kingdom.
Another hmm.. You weren't married in Bulgaria, were you? The UK wants you to have been. On the plus side, the "six months" condition is not mentioned in this text. Finally,
Looks like you are not required to pursue on economic activity in the UK after having returned there. You seem to be allowed to be self-sufficient. Possibly doesn't have any bearing on your case though.
Anyway, whilst the UK's interpretation and implementation of Singh is very important to you, what's more important is
Singh itself, not least so that you can point out to the UK authorities their mis-application of Singh, where appropriate.
For example, the Singh ruling does not stipulate that you should have been pursuing an economic activity in another Member State for at least six months. The UK added that bit on. But, in fairness, I'm hard-pushed to find anything from the UKBA that says anything about six months. I found
this though.
Additionally, the Singh ruling does not stipulate that your marriage should have taken place in the other Member State (or, indeed, anywhere). Another UK fabrication.
andy and ann wrote:Wanderer, I respect what you are saying, but I have lawfully been trying to get a residence card for my wife and have been discriminated against. I believe this to be a special reason to apply early.
I disagree with you here Andy, I'm afraid. The UK is not obliged to facilitate entry and residence for you or your family members an account of the misapplication of EU law by another Member State.
andy and ann wrote:If we are refused, I don't see that it matters as we can then re-apply later, and keep on doing so.
True. You know, if I were a betting man, I'd say if Ann were to apply for an EEA FP now, it'd be refused. You'd then appeal, stating precisely why the ECJ ruling on Singh applies to you and Ann. The appeal would be allowed and she'd be issued with an EEA FP. Could be wrong, but that's my inkling. In which case, apply now. An appeal may take time.
I am no longer posting publicly on this website - PM me if needed.