When do you qualify for Surinder Singh

Does the non EU family of British National only qualify for Surinder Singh if the Birtish national is moving back to the UK? Does it not apply for a short trip?

Short trips are also possible.

The UK national must have been working in the other EU member state before returning to the UK

Directive/2004/38/EC wrote:The UK national must have been working in the other EU member state before returning to the UK

Thanks Directive,

Is there any minimum requirement for self employed person? Like min months of being self employed or min amount earned?

See http://eumovement.wordpress.com/2011/12 ... -a-worker/

Directive/2004/38/EC wrote:See http://eumovement.wordpress.com/2011/12 ... -a-worker/

Thanks for a quick reply. forgot to ask one more thing. What if the UK national is unable to work (health reason- not permanet though) after 2 months self employment and wants to move back to UK?

I suggest you read the cases that the post referrs to. I am not going to be able to answer your question.

But if the self-employment was real and effective, then it was probably OK. For instance if the UK citizen earned good money in the time and was provably working full time, then I would suspect the answer is likely positive.

If they were "self-employed" and earned nothing and spend most of their time looking for work, then I would suspect the answer is likely negative.

Directive/2004/38/EC wrote:I suggest you read the cases that the post referrs to. I am not going to be able to answer your question.

But if the self-employment was real and effective, then it was probably OK. For instance if the UK citizen earned good money in the time and was provably working full time, then I would suspect the answer is likely positive.

If they were "self-employed" and earned nothing and spend most of their time looking for work, then I would suspect the answer is likely negative.

This seem a bit vague and you are at the mercy of UKBA as it doesnt outline any numbers. But as per your link min 10 Hrs a week for 10 weeks kind of fits the criteria. So if we talk about 100 hrs X national minimum wage/hr would give you a figure of Euros 900 before tax. Would earning that amount of money within 2 months can qualify you as a worker?

Is there any arrangement in the directive for people who are unable to work temporarily?

OB (EEA Regulations 2006 - Article 9(2) - Surinder Singh spouse) Morocco [2010] UKUT 420 (IAC)
Begum (EEA – worker – jobseeker) Pakistan [2011] UKUT 00275(IAC)

vinny wrote:OB (EEA Regulations 2006 - Article 9(2) - Surinder Singh spouse) Morocco [2010] UKUT 420 (IAC)
Begum (EEA – worker – jobseeker) Pakistan [2011] UKUT 00275(IAC)

This is why I love this forum. Vinny, thanks a lot for the links. It really gave me an insight of what I was looking for.

I am married to a Chilean with a Dutch passport however have only ever lived in the UK and was born there (although now living in Chile) are we eligible to apply for the Eea permit even though I haven't lived in another member state ( well apart from in Spain in 1999 for a year or two) ? Does holding the Dutch passport suffice? Also my kids have eu passports if we were to go down uk spouse visa route, how do I apply for them?

Tam2710 wrote:I am married to a Chilean with a Dutch passport however have only ever lived in the UK and was born there (although now living in Chile) are we eligible to apply for the Eea permit even though I haven't lived in another member state ( well apart from in Spain in 1999 for a year or two) ? Does holding the Dutch passport suffice? Also my kids have eu passports if we were to go down uk spouse visa route, how do I apply for them?

If you are married to a Dutch citizen, then just apply for the EEA Family Permit.

What is your citizenship?
When did you get married?
How long did you live in the UK after getting married?

"If you are married to a Dutch citizen, then just apply for the EEA Family Permit.

What is your citizenship?
When did you get married?
How long did you live in the UK after getting married?[/quote]

Are you sure just having a Dutch passport suffices for this permit? I have never lived in Holland, just England most of my life before moving to Chile. I just don't know whether I need to have lived in Holland before.

My citizenship is British with a Dutch passport- we got married in 2008 and have never lived in the UK as married partners.

More questions:

When and for what have you ever used your Dutch passport?

When did you get the passport?

Where were you born?

What was the citizenship of your parents?

Directive/2004/38/EC wrote:More questions:

When and for what have you ever used your Dutch passport?

When did you get the passport?

Where were you born?

What was the citizenship of your parents?

I have used the Dutch passport just for normal travel - I've never really needed a British passport even though i was born there.

I got my first Dutch passport around 1996, prior to that I had the German one.(I've never had nor needed a British passport)

I was born in the UK in 1980

My parents were Dutch and German immigrants into the UK (they arrived to the UK in 70's) neither ever had British passports. We never needed them as we're in the EU.

Tam2710 wrote:

Directive/2004/38/EC wrote:More questions:

When and for what have you ever used your Dutch passport?

When did you get the passport?

Where were you born?

What was the citizenship of your parents?

I have used the Dutch passport just for normal travel - I've never really needed a British passport even though i was born there.

I got my first Dutch passport around 1996, prior to that I had the German one.(I've never had nor needed a British passport)

I was born in the UK in 1980

My parents were Dutch and German immigrants into the UK (they arrived to the UK in 70's) neither ever had British passports. We never needed them as we're in the EU.

OK, then you are 100% fine to go the EU route. You have never even had a British passport, so it is pretty clear that the ECJ McCarthy judgement is not relevant in this case.

Did you do anything specific to give up your German citizenship, or did you just not apply for a replacement German passport after 1996?

Could someone clarify this for me please:

http://eumovement.wordpress.com/2010/08 ... to-travel/

So if I were to travel with my wife (I am a British Citizen) after exercising my treaty rights in another Member state) to let's say Turkey, and cross the Land Border into either Greece or Bulgaria with her, and we bring out Indonesian wedding Certificate with us, then either of these states cannot refuse her entry? This is my interpretation of the rules, please correct me if I am wrong.

kikijon1 wrote:Could someone clarify this for me please:

http://eumovement.wordpress.com/2010/08 ... to-travel/

So if I were to travel with my wife (I am a British Citizen) after exercising my treaty rights in another Member state) to let's say Turkey, and cross the Land Border into either Greece or Bulgaria with her, and we bring out Indonesian wedding Certificate with us, then either of these states cannot refuse her entry? This is my interpretation of the rules, please correct me if I am wrong.

You can use MRAX to enter any member state (initially NOT including the member state of which you are a citizen). You are NOT required to be exercising treaty rights before you enter.

So as a Brit, you could enter any other EEA member state with your wife. Note that Turkey is not an EEA member state.

You should also bring your UK passport, and your wife's passport.

Most of the Schengen border guards and the UK border guards know the rules. The Irish, maybe. Not sure about Bulgarian or Romanian border guards, as they are only recently part of the EU.

Expect to have problems. But be firm a patient. Remember they are not required to be nice to you, and might be quite rude, especially since you are forcing them to do something they normally do not want to do.

Sorry, I did not mean exercising treaty rights from Turkey as they are not a member of the EU, what I meant was if my wife and I fly from Indonesia to Turkey, and we want to cross at Bulgaria or Greece, can we do so?

kikijon1 wrote:Sorry, I did not mean exercising treaty rights from Turkey as they are not a member of the EU, what I meant was if my wife and I fly from Indonesia to Turkey, and we want to cross at Bulgaria or Greece, can we do so?

Your wife will not need a visa to enter Turkey: http://www.mfa.gov.tr/visa-information- ... ers.en.mfa

And then you should be able to use MRAX to enter the EU: http://eumovement.wordpress.com/2010/08 ... to-travel/

Have you had a particular problem applying for a visa? (In general it is easier and nicer to travel with a visa)

Yes we have had problems getting her a visa, a number of years ago whilst I was working in Indonesia we planned to come to the UK for a 2 week holiday, so applied for a visitors visa, I even gave them letters etc and contract from my employers to confirm my 2 week holiday, and they refused the visa on the grounds she might not return at the end of the visit, I went in to the consulate, I was furious to be honest and was escorted from the building, a few years later, last year to be precise we applied for a spouse visa, this was refused on accommodation, also not enough photo's which I thought pathetic, so we waited as the appeals take so long so I went back to Indonesia and worked again, now she has just been refused a 2nd spouse visa, although we showed and they accepted an income of over 20k a year, this time it was they assume she will not have adequate funds without recourse to public funds, we don't want to be apart waiting for a appeal, so I want to find another route.

By the way my Local MP after looking at all the paperwork has written to Rob Whiteman, chief executive UK Border agency/UK Visas section to ask for the application to be reviewed, as to quote from his letter " I really cannot understand the reasoning of the entry clearance officer"

You can easily go and live in any other EU member state. e.g. Germany, Netherlands, Ireland. This is done on the basis of EU law.

Your visa to each of these other member states should be issued easily and smoothly.

Once you have worked in the host member state for a while, you can then move back to the UK on the basis of EU law.

Thanks Directive/2004/38/EC, that is my plan, now just checking each country and see what the requirements are, as some such as Ireland say a proof of address must be supplied, and a letter from the landlord before they will issue a visa for Non EU Spouse. Greece want flight details and hotel bookings, so I guess still a lot of work before I start packing

I find that typically German embassies are well run and seem to generally know the law. Spanish are a disaster. Plus Germany is a neat place to arrive in the EU and lovely place to live. My opinion for what it is worth.