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See link bow of users previous similar query.secret.simon wrote: ↑Thu Jul 30, 2020 9:30 pmThe Surinder Singh route route is premised on the ability of a British citizen, who has exercised treaty rights outside the UK AND who has created or strengthened family life with a family member during that exercise, moving back to the UK with their non-EEA family member.
If you are working remotely but not moving back to the UK, the route is not engaged.
If found out later, both the immigration status and any British citizenship acquired on deception can be stripped.
You can't exercise treaty rights in a country you hold nationality of.unitedkingdomalb wrote: ↑Fri Jul 31, 2020 2:54 amI will be returning once I have engaged my rights. I’m asking if working remotely is sufficient. I will of course integrate more into that country. I am
A dual citizen and have nationality firstly as British and secondly as a citizen of another EU state. I plan to go there next month and stay there for remainder of the year with spouse working remotely for my company based in UK. secret.simon not sure how that is deception when you are working and living in another EU state?
This can lead the caseworker to think that the only reason you went there is so that you can claim that you exercised your treaty rights (which you cannot do in your own country of nationality, anyway).unitedkingdomalb wrote: ↑Fri Jul 31, 2020 2:54 amI will be returning once I have engaged my rights.
No, it is not. This is work for a company in the UK, not in the host contry, so this adds nothing to the reason of your stay in the host country. Remote work is not necessarily forbidden, but adds no substance to your claim and does not answer the quesiton as as to why you relocated there.I’m asking if working remotely is sufficient.
You cannot "integrate" into a country you are a citizen of. Integration implies an effort to adapt to another culture, language, etc.I will of course integrate more into that country.
In case this is not sufficiently clear yet, if you do want to excercise treaty rights you'll need to pick another country.I am a dual citizen and have nationality firstly as British and secondly as a citizen of another EU state. I plan to go there next month and stay there for remainder of the year with spouse working remotely for my company based in UK.
It would be deception if your only reason for relocating is to claim you exercised treaty rights, not because you had a genuine work oportunity, or similar reason. Do you simply want to circumvent British immigration rules? At least without any other substantial reason to be in the third country, that is what it will look like to the caseworker.secret.simon not sure how that is deception when you are working and living in another EU state?
No. To engage the EU rules and surinder singh, you must exercise great rights in any other EU state where you do NOT hold citizenship.So couldn’t I then exercise my treaty rights in a country I’ve never lived?
unitedkingdomalb wrote: ↑Sun Aug 02, 2020 8:34 pmIf I go to that EU country with my husband though to live I will be able to apply for a family permit in that EU country for him if I am resident and he lives with me there won’t I?
No. In the country where you are a citizen, it is the country's domestic Immigration rules that apply to you not EU rules. So if you are dual British and say, a German citizen, if you go to Germany, you have to follow the German domestic immigration rules. EU rules don't apply as you cannot exercise treaty rights in a country of which you are a citizen.unitedkingdomalb wrote: ↑Sun Aug 02, 2020 8:36 pmAs it will be EU law that will apply in that country, not UK law.
An added complication of remotely working from the UK would be that in most EU countries, registering residence will make it mandatory to pay tax and social contributions in that country and also to join the health care system - all potentially complicated and expensive if OP is not actually employed in the host country.CR001 wrote: ↑Sun Aug 02, 2020 8:50 pmThis is the point we have been trying to make, to use the EU rules (and you are seriously running out of time), you need to go to ANY other EU state, ie not the UK or the EU country you are a citizen of.
Bear in mind also, that all EU states are aware of this backdoor approach and abuse of the route. Many EU states take months to issue residence documents, which you will need to be able to return to the UK once you have exercised treaty rights for a decent amount of time before returning to the UK. Your deadline is the 31st December 2020.