PLUZZ wrote:Hi good people of this forum.
Can someone please guide me? In terms of applying for Permanent residence in Surinder Singh cases, does 5years start counting from date of marriage (Marriage was conducted in UK prior to moving to Ireland to exercise treaty right), Or does the 5 years start counting from the date the residence card was issued.
Note- Pls note this question is specifically for surinder singh cases.
I guess that it will start from the date when you reentered the UK AFTER Surinder Singh in Ireland. The Home Office wouldn't accept your time in the UK before your British spouse was viewed as a qualified person. That is to say: the spouse of a British citizen working in the UK would not be considered as being there under EEA law, as this would fall under the UK immigration rules. That's the whole reason why people do Surinder Singh to 'activate' their EEA status.
The date on the residence card does not really mean anything at all as you will not be illegal even when the RC expires. The residence card is a confirmation of the rights that you and you spouse have; it doesn't actually confer these rights.