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Lounes or Surinder Singh from Gibraltar?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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simone101
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Posts: 8
Joined: Tue Mar 19, 2019 5:34 pm
United Kingdom

Lounes or Surinder Singh from Gibraltar?

Post by simone101 » Thu Mar 21, 2019 5:08 pm

Hi all,
I have a bit of a complex situation and would value any insight.
I was born/raised an Italian citizen. At age 21 I moved to the U.K. and worked for nearly 2 years, and then acquired British citizenship through descent, since my mom was born in the U.K.

Then, after living in the U.K. for a total of four years (the latter two of which I was a British citizen), I moved to Spain where I worked for two years; in the middle of this time period I met my wife-to-be, a non-EU citizen (she's from USA). I moved to Gibraltar in September with a new job. We married in Gibraltar in January and have resided here together since. She holds a Gibraltar permit of residence, which is a piece of paper issued to her with the status: Family member of EEA national.

We want to relocate back to the U.K. but are unsure which route to take, given Gibraltar's status as sometimes being viewed as connected to the U.K. and other times, entirely separate.

I believe I exercised my treaty rights when I first moved to the U.K. as an Italian citizen, because I did not acquire british citizenship until later. Can I take the Lounes route and apply for an EEA permit for my non-EU wife from Gibraltar? Or should we do Surinder singh route if Gibraltar is not viewed as part of the U.K.?

Do I need to relocate first to the U.K. to use Lounes route? I have maintained my Italian citizenship through all this time.

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Casa
Moderator
Posts: 25769
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Lounes or Surinder Singh from Gibraltar?

Post by Casa » Thu Mar 21, 2019 6:57 pm

Regarding Surinder Singh, you may find the information in the thread below helpful (although it's an old one). It appears that as Gibraltar is a British Overseas Territory, the SS route won't be an option.

eea-route-applications/eea-family-permi ... 68-80.html
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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