Awaiting PSS Decision for Non-EU Surinder Singh Route

Hi all,

Need some guidance pls.

Currently awaiting decision on PSS through Surinder Singh route. We arrived in Ireland 19/09/20 and although we resided in Ireland for more than three months before end of transition period, I didint start work until November that year. My non-eu wife applied for residence card in Ireland and got it at the beginning of Jan 21. We then applied for EUSS FP to return to the UK and did so Sep 21. In Oct we applied for PSS and although we only got through the COA in Apr this year after Bio we are still awaiting a decision.

I have seen some people recently been rejected for a FP on the basis the British Citizen was not exercising treaty rights for at least three months before end of 31 Dec 20 and am now worried this is going to end up as a refusal of our PSS. Looking though EEA Regs 2016 and the EUSS caseworker guidance I cannot find any reference to exercising rights for three months before. The only references specify - the conditions in regulation 9(1A)(b), (2), (3) and (4)(a) of the EEA Regulations be met BEFORE specified date (31/12/20)

In total I was exercising TR for 10 months but only just under two months before end of TP.

Now the only places I have found mention of the three months before TP is in the beginning paragraph in the caseworker guidance (but not in the actual clauses) and in the old C456/12 case. As the withdrawal agreement did not cover for Surinder Singh cases I’m wondering how I stand?

All other references state as long as you were exercising treaty rights before the end of transition period you are eligible for PSS.