How can British Citizen exercise treaty rights in UK?

[englishman9]

I'm a British Citizen previously exercising treaty rights in EU - spouse has entered the U.K on an EEA FP (Surinder Singh ruling)
What documents would she need to apply for a permanant residence card as I don't see how I can exercise treaty rights in my own country.

[fysicus]

As long as you don't need support from public funds you are considered to continue exercising treaty rights, even now you are back in UK.

Your wife just needs the same sort of documentation as if you were a non-British EU citizen, and perhaps in addition the proof that you exercised treaty rights abroad (over and over again).

By the way, a Permanent Residence Card you can only get after five years living in UK under EEA rules. If your wife recently entered on an EEA FP, then the next step is to apply for a Residence Card (using form EEA2). It is better to do that as soon as possible, don't wait till the EEA FP expires.

[Directive/2004/38/EC]

I'm a British Citizen previously exercising treaty rights in EU - spouse has entered the U.K on an EEA FP (Surinder Singh ruling)
What documents would she need to apply for a permanant residence card as I don't see how I can exercise treaty rights in my own country.

How long have you and your spouse been in the UK? PR for your spouse will come 5 years from the initial entry.

Singh allows you to choose to "pretend" to be a German (for example) who is moving to the UK with your spouse. The normal rules for other EU citizens apply in this case to the spouse of a British person.

But in fact I believe Carpenter means you do not need to necessarily work after a Singh entry.

[daddy]

I'm a British Citizen previously exercising treaty rights in EU - spouse has entered the U.K on an EEA FP (Surinder Singh ruling)
What documents would she need to apply for a permanant residence card as I don't see how I can exercise treaty rights in my own country.

How long have you and your spouse been in the UK? PR for your spouse will come 5 years from the initial entry.

Singh allows you to choose to "pretend" to be a German (for example) who is moving to the UK with your spouse. The normal rules for other EU citizens apply in this case to the spouse of a British person.

But in fact I believe Carpenter means you do not need to necessarily work after a Singh entry.

Yes, I guess also Eind rulling stated that as well. Please, first and second replies regarding excercise of treaty right are wrong, pls read case law before advicing. Thanks.

[Directive/2004/38/EC]

I'm a British Citizen previously exercising treaty rights in EU - spouse has entered the U.K on an EEA FP (Surinder Singh ruling)
What documents would she need to apply for a permanant residence card as I don't see how I can exercise treaty rights in my own country.

How long have you and your spouse been in the UK? PR for your spouse will come 5 years from the initial entry.

Singh allows you to choose to "pretend" to be a German (for example) who is moving to the UK with your spouse. The normal rules for other EU citizens apply in this case to the spouse of a British person.

But in fact I believe Carpenter means you do not need to necessarily work after a Singh entry.

Yes, I guess also Eind rulling stated that as well. Please, first and second replies regarding excercise of treaty right are wrong, pls read case law before advicing. Thanks.

Exactly which replies do you think are wrong? Please do not be vague.

[daddy]

I was refering to fysicus reply to the poster, your answer was good, i supported it, ven the Ukb did not require British citizens that returned home after excercising treaty right economically in another eu state to continue doing so in uk, hope am clearer now.

[Obie]

In practice , fycisus may be right as that is the way UKBA interprets the law for obvious reasons, but in law i believe daddy is spot on.

[fysicus]

Maybe englishman9 could give a bit more details about his circumstances. If he is currently in employment, for example, most of the discussion in this thread is irrelevant to him.

And where I mentioned "As long as you don't need support from public funds" that is to be understood as a sufficient condition, not as a necessary condition. I have no experience with being on the edge of what is acceptable or not.

[englishman9]

spouse has entered the U.K on an EEA FP (Surinder Singh ruling) and we now have residence card so will soon be considering to apply for a permanant one

Would I need to prove I have been working for the whole five years?
My wife has been working for 2 years and I for 3. would this be sufficient or need to wait until I work 5 years?

When would this 5 year term begin?
1. On entry to the U.K?
2. On receipt of 5 year residence card?
3. or on proof of my working for 5 years?

but according to Directive/2004/38/EC, I would not need to show evidence of working
thanks

[Punjab]

if you are a British Citizen then PR should be issue to your parter after 3 yrs of marrige/staying together/ following some rules

[Greenie]

if you are a British Citizen then PR should be issue to your parter after 3 yrs of marrige/staying together/ following some rules

which law are you referring to here exactly?

PR under the EEA regs is acquired after 5 years.

[vinny]

if you are a British Citizen then PR should be issue to your parter after 3 yrs of marrige/staying together/ following some rules

I don't think so.

[Directive/2004/38/EC]

http://eumovement.wordpress.com/2011/05 ... a-citizen/

[fysicus]

spouse has entered the U.K on an EEA FP (Surinder Singh ruling) and we now have residence card so will soon be considering to apply for a permanant one

Would I need to prove I have been working for the whole five years?
My wife has been working for 2 years and I for 3. would this be sufficient or need to wait until I work 5 years?

When would this 5 year term begin?
1. On entry to the U.K?
2. On receipt of 5 year residence card?
3. or on proof of my working for 5 years?

but according to Directive/2004/38/EC, I would not need to show evidence of working
thanks

The five years start to count on the date of entry to UK. I suppose there is an entry stamp from passport control on the EEA FP itself to prove this date. However, the clock can be reset if at some point your presence here was not in accordance with the EEA regulations. You can, of course, also select another continuous period of five years (starting at a later date) if that suits you better in terms of documentary evidence available.

I would suggest to send in the EEA4 form on (or shorly after) the fifth anniversary of your wife's entry to UK. If it is accepted, great, and if it is rejected for some reason, no big deal. There is no application fee that you could lose, and at least then you know exactly what to focus on.

[Punjab]

if you are a British Citizen then PR should be issue to your parter after 3 yrs of marrige/staying together/ following some rules

I don't think so.

In order to qualify for the ILR status, you will need to be able to demonstrate that you and your spouse have been living together throughout the period of your current 2yr marriage visa (yes, you are allowed to have had reasonable holidays abroad!).

You'll also need to be able to demonstrate that you have acceptable "Knowledge of English" - this is often best demonstrated by passing the "Life in the UK Test." Details of the test, and details of how to practice online for the test are contained in our application guide.

When you are granted with your ILR status, you can remain in the UK indefinitely (meaning that there is no time limit to you being allowed to stay). Please be aware that ILR is NOT the same thing as British Citizenship.

You will be able to apply for British Citizenship when you meet the requirements of the Naturalisation "3yr Rule." For more information about applying for UK citizenship, please see the details of our 3yr Rule Naturalisation guide.

[Obie]

PR under the EEA regs is acquired after 5 years.

Unless of course if the OP falls under regulations 15(1C)then in that case, his wife will qualify under regulation 15(1d).

It seems unlikely this is the case.

[Obie]

In order to qualify for the ILR status, you will need to be able to demonstrate that you and your spouse have been living together throughout the period of your current 2yr rrmarriage visa (yes, you are allowed to have had reasonable holidays abroad!).

You'll also need to be able to demonstrate that you have acceptable "Knowledge of English" - this is often best demonstrated by passing the "Life in the UK Test." Details of the test, and details of how to practice online for the test are contained in our application guide.

When you are granted with your ILR status, you can remain in the UK indefinitely (meaning that there is no time limit to you being allowed to stay). Please be aware that ILR is NOT the same thing as British Citizenship.

You will be able to apply for British Citizenship when you meet the requirements of the Naturalisation "3yr Rule." For more information about applying for UK citizenship, please see the details of our 3yr Rule Naturalisation guide.

OP is enquiring about PR under community law, the above does not apply.

[Punjab]

i am bit confuse he is a british citizen then why he need to apply for PR??

[Greenie]

i am bit confuse he is a british citizen then why he need to apply for PR??

if you are confused then perhaps you should refrain from trying to give people advice.

If you read the OP's first post you will see that his wife came to the UK on an EEA Family Pemit using the Surrinder Singh route. Therefore his wife will need to spend 5 years in the UK before qualifying for Permanent Residence. She has not applied to join him under the immigration rules and therefore cannot apply for ILR after two years.

[Directive/2004/38/EC]

i am bit confuse he is a british citizen then why he need to apply for PR??

It is actually his wife that needs to apply eventually for PR confirmation.

[englishman9]

Due to more research I have found that the 5 years start from date of entry.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF

Article 16.2. Paragraph 1 shall apply also to family members who are not nationals of a Member State and have legally resided with the Union citizen in the host Member State for a continuous period of five years.

According to Case 291/05 Eind, in own country, spouse would have an EU right of residence even if not economically active. Spouse would be regarded as "permanent residence" purely on the basis of length of stay.

And Article 19.1. Upon application Member States shall issue Union citizens entitled to permanent residence, after having verified duration of residence, with a document certifying permanent residence.

Article 21
Continuity of residence
For the purposes of this Directive, continuity of residence may be attested by any means of proof in use in the host Member State. Continuity of residence is broken by any expulsion decision duly
enforced against the person concerned.

So just need to verify duration of residence - I suppose by proof of address?

[chocoguy]

I am a non eu who is married to an EU and we both live in czech. I just completed my degree and would like to move to UK to work and do my masters as i would like to earn my masters in an English country. I understand that if i want to be able to work in the UK, my wife should be exercising her EU right by working, or seeking employment. I have a problem here as my wife is pregnant. she still earns money here in czech due to the fact that she was working before she got pregnant. so now she stopped working and still get paid monthly.she plans to work in the UK after she delivers since we both would be living in the UK. We dont know how to go about this.. or would i be given a residence if my wife delivers in the UK, being the Dad of an EU?

[vinny]

I am a non eu who is married to an EU and we both live in czech. I just completed my degree and would like to move to UK to work and do my masters as i would like to earn my masters in an English country. I understand that if i want to be able to work in the UK, my wife should be exercising her EU right by working, or seeking employment. I have a problem here as my wife is pregnant. she still earns money here in czech due to the fact that she was working before she got pregnant. so now she stopped working and still get paid monthly.she plans to work in the UK after she delivers since we both would be living in the UK. We dont know how to go about this.. or would i be given a residence if my wife delivers in the UK, being the Dad of an EU?

What nationality is your wife?

[englishman9]

As an EU national, your wife and her spouse can go to any EU country to visit or to seek work but you must have enough funds to support yourselves and would she still receive the salary in Czech, if she leaves?

[Directive/2004/38/EC]

As an EU national, your wife and her spouse can go to any EU country to visit or to seek work but you must have enough funds to support yourselves and would she still receive the salary in Czech, if she leaves?

For the first three months there is NO requirement for any money or job or anything. NO requirements. Just to be clear