Surrinder Singh route

[sarah82]

So am i clear in the understanding that if i register as an irish national then return to the uk, that i'll be an eea and will have to continue to exercise treaty rights upon my return to the uk?

if i register as a british national and return to the uk then there is no immediate obligation for me to continue to be economically active/exercising treaty rights as i'd be covered under the 'surrinder singh'ruling? is that the basic jest of it?

[vinny]

My understanding is that the 'surrinder singh' ruling enables family members of a British citizen to be treated as family members of an EEA national for the purpose of the EEA regulations.

Your family members cannot exercise treaty rights in the UK until you do.

[nonspecifics]

@vinny

I thought for the first 90 days the right is assumed. After 90 days proof of exercising Treaty Rights is required. ( a jobseeker is exercising Treaty Rights)

Can you quote where it says the EEA national must prove the exercising of Treaty Rights for the non-EEA to work during the first 90 days?

Ta.

[vinny]

71.

[Greenie]

My understanding is that the 'surrinder singh' ruling enables family members of a British citizen to be treated as family members of an EEA national for the purpose of the EEA regulations.

Your family members cannot exercise treaty rights in the UK until you do.

As the op British there is no requirements for his to be economically active once he returns to the UK in order for his family to apply for a residence card under the surrinder singh ruling. What matters is that he was living in another EU state with his family and working there prior to coming to the UK.

[Directive/2004/38/EC]

Since you are traveling on an Irish passport outside of Ireland and do not have a UK passport, then you can definitely be considered Irish if you want. The McCarthy ruling has nothing to do with you at this point.

You are also British and could get a UK passport if you wanted.

So long as you have been working in the Netherlands, then you could return to the UK on the basis of your UK citizenship (Singh judgement). You can also go on the basis of your Irish citizenship.

If you were planning to work when you arrive in the UK, then it makes no difference which citizenship you use. (Irish might be easier because you do not have to offer proof of work in the Netherlands and would not have to get a UK passport).

If you plan to not work, then entering on the UK (via Mr. Singh) might be preferable.