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I don't think the Union citizen can do that. Unless by virtue of some EU case law; (would need investigation).heyitsme wrote:Thanks everyone for replying.
...
Yes @simon I also need answer to this query " if there is any requirement for the British citizen doing the SS Route to then reside in the UK or can he move to another EEA country again?"
f) In the meanwhile, you can return to work in France, if you so wish.
Ref: http://eur-lex.europa.eu/LexUriServ/Lex ... 57:EN:HTMLIn the light of all the foregoing, the answer to the questions referred is as follows:
Directive 2004/38 must be interpreted as not precluding a refusal by a Member State to grant a right of residence to a third‑country national who is a family member of a Union citizen where that citizen is a national of and resides in that Member State but regularly travels to another Member State in the course of his professional activities;
Article 45 TFEU must be interpreted as conferring on a third‑country national who is the family member of a Union citizen a derived right of residence in the Member State of which that citizen is a national, where the citizen resides in that Member State but regularly travels to another Member State as a worker within the meaning of that provision, if the refusal to grant such a right of residence discourages the worker from effectively exercising his rights under Article 45 TFEU, which it is for the referring court to determine
No mention of dependents so a little more digging may be required in order to fully utilise and invoke this regulation.(4) A person satisfies the conditions in this paragraph if
(a)he is active as a worker or self-employed person in an EEA State but retains his place of residence in the United Kingdom, to which he returns as a rule at least once a week; and
(b)prior to becoming so active in that EEA State, he had been continuously resident and continuously active as a worker or self-employed person in the United Kingdom for at least three years.
(5) A person who satisfies the condition in paragraph (4)(a) but not the condition in paragraph (4)(b) shall, for the purposes of paragraphs (2) and (3), be treated as being active and resident in the United Kingdom during any period in which he is working or self-employed in the EEA State.
(6) The conditions in paragraphs (2) and (3) as to length of residence and activity as a worker or self-employed person shall not apply in relation to a person whose spouse or civil partner is a British citizen
I'm not sure if BCs can do this. You are not a fully-fledged EEA national.heyitsme wrote:Thanks @noajthan, its a helpful finding!
So does my condition (going to UK every weekend) qualify as a frontier worker? Prior to working in France for 2 years I had been working in a non-EU country for 3 years. I was resident in UK before 2011.
Your plan to return to the UK will in fact be a partial return, given that you will continue to be working in France. Accordingly, you will only be coming back to the UK every week-end and staying in France during the week.
As such, you would be a Frontier worker, working in France and coming back to the UK every single week-end.
The fact that you would be maintaining residence in both France and the UK may not be a bar to your parents deriving a right of residence in the UK, by reference to the Surinder Singh caselaw.
However, we must draw your attention to the way in which the UK authorities have interpreted the Surinder Singh caselaw.
Your parents falls under the definition of a "family member" by virtue of Article 2 Directive 2004/38, with the right to enter the other member state (and thus the right to the issue of an entry visa, by the relevant authorities of that member state), providing they can show that they are financially dependent upon you.
In essence, your query relates to how you may be able to rely on EU law in order to bring your parents to the UK, by means of bringing them from another member state of the EU first, as a preliminary step to take them back to the UK at some point in the future. We believe we have answered your query in the way described above.
Your parents are eligible to return with you to the UK, as your family members, subject to the following conditions:
Your parents must prove that:
You are their son (your birth certificate ),
You are returning to the UK, immediately following a period of residence in another member state of the EU
That you have cohabited in the other member state of the EU, prior to your return to the UK,
That you have exercised your rights of residence in the other member state of the EU, by engaging in an economic activity (whether as a worker or a self employed person in the other member state)
And
That you have shifted your centre of life from the UK to France, which is assessed in terms of the following factors:
(a) the period of residence in France as a worker or self-employed person;
(b) the location of your principal residence;
(c) your degree of integration in France.
In your case, it appears that you may be able to prove that you have shifted your centre of life from the UK to France, owing to the duration of your stay in France, the fact that both your children and wife have been living with you there and that you have been working for 2 years in France.
The above arises out of the recent changes to the EEA 2006 Regulations, which entered into force on the 1st January 2014;
http://www.legislation.gov.uk/uksi/2013 ... 032_en.pdf;
The amended UK Regulations appear to be in breach of the caselaw, as most recently clarified by the Court of Justice in the joined cases C456/12 and C457/12.
These EU rights stem from the European Court of Justice s ruling in Singh (case C-370/90) and Eind (case C-291/05).These cases concerned the rights of family members of EU citizens to benefit from EU rights of residence when returning back to the EU citizen s home country after spending some time working in another EU country (in the Singh case two years and in the Eind case for twenty months).
In the two joined cases referred to above (C456/12 and C457/12), the Court of Justice held the following:
i) The Union citizen must reside in the Host Member State for a period in excess of 3 months, exercising rights as a worker, self employed, student or self sufficient person under Article 7 Directive 2004/38;
AND
ii). There must be a genuine family life in the Host Member State (i.e. cohabitation in the Host Member State).
We reiterate that the above Judgment calls into question the compatibility of the EEA 2006 Regulations vis-à-vis EU law.
Note that if your parents are able to prove the conditions imposed by the UK as described above, under the terms of the 2006 EEA regulations, the UK entry visa (the so-called EEA family permit) must be issued on an accelerated basis and free of charge on production of the evidence satisfying the conditions listed above;
Quite helpful.heyitsme wrote:The Your europe advice has given me the following reply, they also say that I may qualify as a fronter worker just like @noajthan has said, however they don't appear to be sure too if the UK law for frontier workers would apply in my case
Your plan to return to the UK will in fact be a partial return, given that you will continue to be working in France. Accordingly, you will only be coming back to the UK every week-end and staying in France during the week.
As such, you would be a Frontier worker, working in France and coming back to the UK every single week-end.
The fact that you would be maintaining residence in both France and the UK may not be a bar to your parents deriving a right of residence in the UK, by reference to the Surinder Singh caselaw.
However, we must draw your attention to the way in which the UK authorities have interpreted the Surinder Singh caselaw.
...
In essence, your query relates to how you may be able to rely on EU law in order to bring your parents to the UK, by means of bringing them from another member state of the EU first, as a preliminary step to take them back to the UK at some point in the future. We believe we have answered your query in the way described above.
Your parents are eligible to return with you to the UK, as your family members, subject to the following conditions:
...
In your case, it appears that you may be able to prove that you have shifted your centre of life from the UK to France, owing to the duration of your stay in France, the fact that both your children and wife have been living with you there and that you have been working for 2 years in France.
The above arises out of the recent changes to the EEA 2006 Regulations, which entered into force on the 1st January 2014;
http://www.legislation.gov.uk/uksi/2013 ... 032_en.pdf;
The amended UK Regulations appear to be in breach of the caselaw, as most recently clarified by the Court of Justice in the joined cases C456/12 and C457/12.
The question is does clause 4b apply to you?(4) A person satisfies the conditions in this paragraph if
(a)he is active as a worker or self-employed person in an EEA State but retains his place of residence in the United Kingdom, to which he returns as a rule at least once a week; and
(b)prior to becoming so active in that EEA State, he had been continuously resident and continuously active as a worker or self-employed person in the United Kingdom for at least three years.
(5) A person who satisfies the condition in paragraph (4)(a) but not the condition in paragraph (4)(b) shall, for the purposes of paragraphs (2) and (3), be treated as being active and resident in the United Kingdom during any period in which he is working or self-employed in the EEA State.
(6) The conditions in paragraphs (2) and (3) as to length of residence and activity as a worker or self-employed person shall not apply in relation to a person whose spouse or civil partner is a British citizen