help needed to thoroughly understand surinder singh route!

[sarah82]

Hi all on the forum!

Happy Halloween!

Thank God the situation of my husband & I is moving in the right direction, but I just need some help in understanding the finer points of what my husband & I have to do in order to be granted an Eea family permit.

Current situation: I am born in uk to english mother & irish father (so dual british & irish citizen)

I'm currently resident & employed in the Netherlands as an Irish national (as thats the only passport i hold currently, an irish one)

My husband is a third country national & the Dutch Immigration (IND) have issued him with a sticker placed in his passport stating he has the right to work and reside here: He has been told that his application for 5 year residence should be decided by january: So i guess he should have his Dutch residence card by then.

A couple of things i'm unclear on & would appreciate some knowledgable advice!

On the Surrinder Singh route the UKBA require that the 'returning resident' has been living & working in another EU member state for a minimum of 6 months: However from what I gather this is a regulation set by the UK & not EC law, so therefore could we apply for the eea family permit if i've worked and lived in the Netherlands for less than 6 months or would it be highly likely that we'd get a refusal?

Secondly the issue of healthinsurance to enter the UK via the Surrinder Singh route is something I have seen discussed alot online: I am unclear on this: Is it just my husband that would need health insurance to enter the UK as a family member? Or does that requirement extend to me also?

Forgive me if I sound simple or ignorant! I obviously wouldn't think that I'd need health insurance to enter the country that I'm born and bred in, but these laws can be so strange that I'd like to know do I need to be insured? (or just the non-eea family member?)

Also what do we provide with the application? my pay slips. marriage cert, what other documentation needs to be included with the application for the Eea family permit?

Many Thanks in advance for your help, I really appreciate the value of this forum!

[EUsmileWEallsmile]

You are Irish. You hold an Irish passport, you are exercising treaty rights in an EU country. You don't need to worry about Singh route at all. Your case should be very straightforward.

Are you planning to work in the UK, be a student, self-sufficient? Worker would be the simplest and would not require any insurance. You don't have to be doing anything special for your first three months.

[sarah82]

So how long would I have needed to have exercised treaty rights in another eu state for, before we could apply for the eea family permit?

Also the McCarthy case confuses me over the dual nationality situation, as it seems they wouldn't consider McCarthy to be a beneficiary of the directive 2004/38, as although she held an irish passport she had never physically moved from ireland to uk,

i'm the same never lived in ireland, born and lived all my life in the uk so thats why i presumed i'd have to take the singh route???

[EUsmileWEallsmile]

The McCarthy case centred around some pretty unique circumstances. It is unlikely to apply to you.

Have you worked in the UK?

It doesn't really matter in any case. You state you've worked in the Netherlands. Therefore, you've exercised treaty rights. You are Irish for the purposes of EU law.

[sarah82]

No I have never worked in the UK. So will I have to have worked the FULL 6 months here in the Netherlands before applying for the EEA Family permit?

[EUsmileWEallsmile]

Let's say you were British only, UKBA guidance talks about six-months, but it's not a hard and fast rule. It's all about exercising freedom of movement and not being deterred from doing so by having any disadvantage on your return. Your work must be genuine and effective for it to count.

Have you ever held a UK passport?

[sarah82]

Yes I have previously held a UK passport.
I am working as a cleaner for 40 hours a week on a genuine tax paying contract but am intending to cut my hours at work to perhaps 20 a week as of next month, so would my job be deemed genuine? and what do you think the minimum period of me working should be before applying for EEA FP?

[daddy]

Let's say you were British only, UKBA guidance talks about six-months, but it's not a hard and fast rule. It's all about exercising freedom of movement and not being deterred from doing so by having any disadvantage on your return. Your work must be genuine and effective for it to count.

Have you ever held a UK passport?

As an Irish citizen, you do not need to talk about surinder sing route. Just submit marriage certificates, both passports, and a letter stating that you are accompanying your non eu spouse on a visit to uk, period of stay- not more than 90 days, but you know that you have intention to stay in uk with your spouse.while you arrive in uk, and start excercising your treaty right, then your spouse may apply for a residence card. if you say that you would stay more than 3 months, they may ask you to provide proof that you are excercising your treaty right in uk. be careful, the enbassy officials are always difficult.

You can only use surinder sing if you are living and working in Netherland with your British passport and now plan to return to uk with your non eu spouse.

Flollowing the ECJ case of EIND, you do not need to continue excercising your treaty right when you return home( UK) after living and working in netherland with your British passport ie as a British.

Issue regarding number of months of working or self employed in another eu state before benefiting from Surinder Sing, I guess was not stated in the eu Directives, but Uk chose 6 months.
Does anyone know how serious uk is regarding the 6 months rule regarding Surinder Sing.
Daddy.

[sarah82]

Hi again!

I am just trying to decide is it imperative that I apply with a British passport to accompany my Irish passport or not?

I mean is it a different application form for the 'surrinder singh' route? Or is it the same application form as it is for an EEA national?

Please someone correct me if I'm wrong: But From what I can gather, If my husband & I apply for the EEA FP with just my Irish passport, We will not be asked for a burden of proof relating to my payslips, how long I've resided in Netherlands etc, BUT I WILL be required to continue being a 'qualified person' once back in the UK.

If however we provide my British passport with the application, (as well as my Irish passport) We will have to submit several more documents, and show proof of my employment/ joint residence in the Netherlands BUT I would NOT be obligated to continue being a 'qualified person' once back in the UK, as I would have ALREADY exercised my treaty rights in the Netherlands.

Is that correct?

Also would me being deemed 'British' rather than 'Irish' mean that my husband could in the future apply for a British passport at an earlier stage?

So I guess in a nutshell what I'm asking is, Is the application form the same form, whether I apply with my British passport or Irish one?

Would I have to have the British passport at the time of applying for EEA FP or could I postpone taking out a British passport until applying for my husband's Residence card in the UK?

What are the pro's and con's of applying with respective passports?

And is it of any significance that I am already employed and registered on the population register here in the Netherlands, as an Irish national not a British one?

Many Thanks again Forum!

[Directive/2004/38/EC]

You are a person who is clearly Irish. You hold just an Irish passport and you are living in another EU country on that basis.

If you now want to move to any other EU member state, you can just do that today. UK is included in that.

Your spouse may require an EEA Family Permit. What country is he from?

Or you can just enter the UK without the EEA FP. See http://eumovement.wordpress.com/2010/08 ... to-travel/ for more details. You will need to train/drive/ferry to the UK, unless he would not normally require a visa to get on the airplane.

You could also move to Ireland. You could either do that on the basis of your Irish citizenship (together with your work in the Netherlands) or on the basis of your nascent British citizenship.