Absence from the country and exercising of treaty rights

[rosebead]

I am a British national living in the UK who since 2010 has exercised EU treaty rights rights through the Surinder Singh route to bring my husband to the UK.

I recently lost my job and would like to go travelling for just under 6 months as it's always been a dream of mine however my husband can't join me as he runs his own business.

Firstly is my husband permitted to stay in UK alone whilst I travel abroad? I'm not sure what the EEA2 conditions are on that.

Secondly if I did go abroad, would it affect my husband's future application for permanent residence, since I'm not sure if I'd still meet the requirements for 5 years of continuous exercising of treaty rights if I were to be absent from the UK for nearly 6 months.

Thirdly to continue exercising my treaty rights, would I have to take out comprehensive sick insurance (CSI) during the period that I am abroad and not working in the UK? I believe you are supposed to take out CSI if you aren't employed/self-employed in order to continue exercising treaty rights.

Obviously I will forgo my dream of travelling if this will affect my husband in any way. Thanks if anyone can help.

[Jambo]

British nationals returning via the Surinder Singh route are not required to exercise treaty rights in the UK. It's the evidence for their activities in the other member state that is required (again and again) when applying for residence documents for their family members.

Under EEA regulations, residency is not broken by absences upto 6 months in a year (and upto 12 months in certain conditions).

As for your questions:

1. Yes. He is allowed to stay as long as you don't break residency.
2. No affect as long as you don't break residency.
3. You are not required to exercise treaty rights in the UK. CSI is not relevant in your case.

[Directive/2004/38/EC]

As long as you are not leaving the UK permanently, your husband should have no problems.

It is sad to leave him behind (I would want to come!), but it is nice that you have this opportunity.

What month did you arrive back in the UK in 2010? What months will you be travelling?

[rosebead]

Thank you for your replies, much appreciated. I am though genuinely very surprised to hear that under Surinder Singh I do not have to continue to exercise treaty rights in the UK for my husband to remain in the UK or for when he applies for PR. I thought that to fulfil EEA2 conditions that continual exercising of treaty rights was necessary, so is this a new ruling? I did some digging up and found out that it is has to do with Eind (C291-05) which blew my mind away a bit! I wonder why special dispensation is given to UK nationals under Surinder Singh but not to other EU nationals in the UK?

However in this recent thread (below) on another well-known immigration forum, "Victoria" the resident immigration consultant of that forum thinks that it is bad legal advice to state that under Surinder Singh that a returning UK national does not have to continue to exercise treaty rights. Is she right, or is it simply that she is not up to date with the Eind ruling?

http://www.ukresident.com/forums/topic/ ... ge__st__10

In answer to Directive/2004/38/EC, thank you for asking, we came back to the UK in August 2010. My plan is to travel in January or February next year for just under 6 months. I believe that this means I must not travel again until after August 2013 in order to continue to meet residence requirements - I think that's what you wanted to tell me and thank you for asking.

[Jambo]

Yes. This is following Eind. If you check the latest EEA application forms, you will see a specific section for Surinder Singh cases, in which the HO only asks for evidence from the other member state and not from the UK.

I'm aware of that thread as I'm the one who gave the "bad legal advice" (see Surinder Singh route whilst pregnant). If you read the whole thread there, you will see they were not aware that the HO has implemented Eind in full.

[rosebead]

Thank you for the info, Jambo. It just goes to show that even the so-called experts don't always get it right! Thankfully there are people like you and Directive/2004/38/EC who do their own homework and are very well-informed and are of invaluable help to many people - much appreciated, thank you.

[greatscott]

agree totally. The experts on this forum are on the money.

very arrogant forum that, especially 'Victoria'- sure sign to stay clear!

Thank you for the info, Jambo. It just goes to show that even the so-called experts don't always get it right! Thankfully there are people like you and Directive/2004/38/EC who do their own homework and are very well-informed and are of invaluable help to many people - much appreciated, thank you.