U.K. citizen bringing non- EEA spouse to U.K

[robertcy]

Hi everybody,I'm new to this Forum so please be patient with me.
I am a British (Welsh) citizen and have been living in Cyprus for the last two years,having taken early retirement as a Secondary School teacher of MathematicsI met my partner 16 months ago and have lived together since.She is a non-EEA national and we have made arrangements to marry at the end of May this year (2011) in the country of her nationality and then return to Cyprus.
At the moment neither of us are registered with the Cyprus Authorities ("Yellow Slip") as I am not required to and my partner doesn't have the necessary grounds to as we aren't married yet.I would also like to take my wife,as she wil be,to the U.K. to visit my family.I know I can do this by applying for a Spouse Visa from the country of her residence by following the Immigration Rules of the U.K.However,this route appears to be not only complex but also expensive.Besides,we would like to reside in both countries alternatively and the EEA route seems to be more suitable for us as it will mean that absence from the U.K. or Cyprus will not affect her residence status in either country.
My questions now are :
When we are resident in Cyprus after our marriage,can we apply for a Family permit for my partner to go to the U.K.?
Can I be considered,as a qualified person,to use EU law on my return to the U.K. and bring my non-EEA spouse,as I have not been working or self-employed in Cyprus?
Does the status of a retired and self sufficient person prove that I am exercising the Economic Treaty right in another member state or must I obtain employment in Cyprus to qualify?(Surinder Singh).
Will employment in the U.K. be grounds for me to return with my non-EEA spouse under EU law?
I have read much from this Forum,it is excellent,and I've acquired a lot of useful information from it.However,I am still confused over these issues and would greatly appreciate any help or advice.
Many thanks in advance.

[vinny]

See also Is a British Citizen also an EEA citizen?

[robertcy]

Thank you very much for your promt response, I read this link very carefully and found it very useful. There is just one point which I need to clarify:
-Is whether a residence card in Cyprus is sufficient to satisfy the criteria of exercising my Treaty right in Cyprus on my return to the U.K. with my non-EEA wife or I have to be seen working in Cyprus rather than receiving my pension only?
I very much appreciate your help with this matter .

[vinny]

I believe that you also have to be a worker or self a employed person.

[John]

That is right Vinny, the terms of the Surinder Singh judgement in the ECJ are clear. The Treaty Rights need to be exercised in an economic way, either employed or self-employed.

[robertcy]

Thank you both for your time, effort and advice.

[Obie]

I agree with John and Vinny that the Singh Judgement addressed/es nationals who were working or in self-employment in another memberstate, prior to returning to their home state.

However this judgement has to be looked in the context of the fact that it was passed before the existence of Self-Sufficiency came into community law, and all the rights associated with Union Citizenship, also it precede Baumbast, which dealt with the free standing right of residence under Article 18 of the treaty now 21 TFEU.

It is arguable that a restrictive intrepration of Singh, will result in national being hindered from exercising their rights of movement in another memberstate as Student or Self-Sufficient persons, because of the uncertainty of being able to return with their spouse.

This will obviously involve a Judicial review claim, which the UK might try to resist or concede if permission is granted, but it would certainly not be an unfounded claim.

[vinny]

Good points.

[86ti]

See also this answer from the UKBA http://www.immigrationboards.com/viewto ... 523#473523

EDIT: sorry, link deals with Eind while the question here is what 'exercising treaty rights' prior to return means.

[John]

Obie, I knew you would post that! And thanks for doing so.

[Obie]

Even though my point may not benefit or be of comfort to OP, as it may involve a legal challenge, which could have huge cost implications, i just thought it is worth metioning anyway.

I believe John and Vinny's advice provide a substantial legal certainty.

nevertheless, if he was unable to seek a job in Cyprus, and would like to return home with his spouse, and unable to meet the maintenance and accommodation in the immigration rules. This might be an option.
I believe there may be legal assistance in such situations, if OP is unable to fund such challenges.

It is not an unfounded challenge and one which i think an High Court Judge will not easily refuse a permission to proceed with a JR in

[John]

Obie, you make a good point. It could be incredibly expensive to go down that alternative route.

But surely, just thinking about Cyprus, and the fact that it is a holiday island in the Med., and it is just about to come into season. Surely there must be a bar/cafe/restaurant somewhere that would want native English-speaking staff, especially a place owned by British citizens!