Does free movement apply when returning to country of nationality “indirectly”?

thommot · Post by **thommot** » Wed Oct 07, 2020 11:13 am

We used to live in the UK a few years ago—my wife still has a EU family member's residency card, which will due to Brexit invalidate itself soon. After that we have lived for the past couple of years in my wife's country of citizenship in South America. Now we would like to return to my country of citizenship in the EU/Schengen.

Does free movement apply? Does the “return” to the country of nationality have to be immediately after having resided in another EU country, or does the “return” apply forever?

This is not completely clear from the written rules. One cannot get an answer from the national authorities, but the rationale for the national implementing law suggests it does apply forever to those family members that you lived with in the other EU country, but not to any new family members.

Immigrating with the national rules is practically impossible at this time: borders to embassy closed, and they won't even start their eternally long (and discriminatory: third-country citizens with a job get a residency for their whole family faster than citizens with a job get one for their family) processing before that visit.

UK245 · Post by **UK245** » Wed Oct 07, 2020 7:25 pm

No. Your wifes UK residence card is invalid and has been since you left the UK. You are not currently exercising free movement rights and if you return to your own country you have no rights to bring with you.

thommot · Post by **thommot** » Wed Oct 07, 2020 7:49 pm

This has nothing to do with the UK residence card except as a proof that we have actually lived in the UK (when it still was EU). We would apply for a family member entry visa and then a new residence card.

Obie · Post by **Obie** » Wed Oct 07, 2020 10:50 pm

There really has to be a nexus between the exercise of treaty rights and the person returning home.

The premise behind Surinder Singh, is to ensure that does who exercised treaty rights or intended to doso, are not precluded from so doing, for fear that they will not be able to return to their home country.

It provides a pathway for their return..

If you went to a 3rd country for many years, that nexus between the exercise of treaty rights and return is broken.

I am of the view that your nation state will not accept that Surinder Singh is applicable to your case.

thommot · Post by **thommot** » Thu Oct 08, 2020 2:57 pm

The national rules in this case do not actually even talk about return, only about “having exercised free movement rights” (immediately before or at some point—that is not mentioned).

Alice109 · Post by **Alice109** » Sat Oct 10, 2020 9:33 pm

thommot wrote: ↑
Wed Oct 07, 2020 11:13 am
We used to live in the UK a few years ago—my wife still has a EU family member's residency card, which will due to Brexit invalidate itself soon. After that we have lived for the past couple of years in my wife's country of citizenship in South America. Now we would like to return to my country of citizenship in the EU/Schengen.

Does free movement apply? Does the “return” to the country of nationality have to be immediately after having resided in another EU country, or does the “return” apply forever?

This is not completely clear from the written rules. One cannot get an answer from the national authorities, but the rationale for the national implementing law suggests it does apply forever to those family members that you lived with in the other EU country, but not to any new family members.

Immigrating with the national rules is practically impossible at this time: borders to embassy closed, and they won't even start their eternally long (and discriminatory: third-country citizens with a job get a residency for their whole family faster than citizens with a job get one for their family) processing before that visit.

In my opinion it depends on which is your EU home country, if you have a PR card I think you should not spend periods of more than two years outside the UK, but maybe your home country has other ways than only the EU freedom of movements, especially if she is your wife

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Does free movement apply when returning to country of nationality “indirectly”?

Does free movement apply when returning to country of nationality “indirectly”?

Re: Does free movement apply when returning to country of nationality “indirectly”?

Re: Does free movement apply when returning to country of nationality “indirectly”?

Re: Does free movement apply when returning to country of nationality “indirectly”?

Re: Does free movement apply when returning to country of nationality “indirectly”?

Re: Does free movement apply when returning to country of nationality “indirectly”?