S. Singh to go from Ireland to UK

I have read so much about the Surinder Singh case, and EEA Family Permits and Residence Cards etc.

Background.
Both I and my unmarried de-facto partner are Australian. She has her UK passport. We could go directly to the UK, but I have only just acquired the £62,500 savings, so would need to wait 6 months and although she has been employed here for over £18,600, she has no job offer in the UK; so we don't meet the financial requirements. Plus, you only get a 2 year visa.

We would like to move to Ireland. We will rent a place, and she will look for work of a temporary nature. I work a 28/28 roster in Egypt, so can support her (she could be 'self-sufficient' by virtue of my salary) if she can't find work. After 3-6 months, we'd like to move to the UK to be near her family, and enter using the EEA Family Permit/Residence Card. Bear in mind, I only need the right to legally reside, not work, in the UK.

The UKBA and its EEA Family Permit form seem to highlight these about the Surinder Singh cases;
* Must be a spouse/civil partner.
* British citizen must have been working in the EEA member state.

I don't understand how they can stipulate this.
* The EC law says that I am classified as an extended family member (by proving a durable relationship), but the UKBA says we must be married (a direct family member). If I was applying for an EEA Family Permit, and my partner was NOT a British citizen, then there wouldn't be an issue. This seems specifically targeted at S. Singh cases.
* EC law says that to exercise treaty rights, a person can be employed or self-employed, studying, economically self-sufficient, a jobseeker etc. However the UKBA specifically highlights only workers/self-employed.

If I am refused a EEA FP on either of these grounds, then my partner is restricted from exercising her treaty rights to free movement. We have proved our durable and duly attested marriage-like relationship, so refusing my entry on those ground would be against EC law.

Any advice?

Normally the Directive doesn't apply for people in their home country. So you will have no problem using the directive and living any where in the EU except the UK. The UK took a restrictive view on the outcome of Surinder Singh and that is where it currently stands (there are some case law waiting for a decision in the ECJ but that is still a few months away).

Thanks Jambo.

I also found this in the regulations section 7 'family members';

a person who is an extended family member and has been issued
with an EEA family permit, a registration certificate or a residence card shall be treated as the
family member of the relevant EEA national for as long as he continues to satisfy the conditions in
regulation 8(2), (3), (4) or (5) in relation to that EEA national and the permit, certificate or card
has not ceased to be valid or been revoked.

Which would seem to indicate that if I obtained a Residence Card in Ireland, then that would make me a direct family member under EU legislation.

Again, how can UK apply those two points I mentioned based restrictively on Surinder Singh's case. Exercising treaty rights and being a family member is far broader on the EC law level. Yet UKBA get to choose...?

This was all true for a non UK EEA national (and their family members) in the UK or British citizen (and their family members) anywhere in the EU except the UK. The directive doesn't apply to British citizens in the UK. The Surinder Singh case law established rights to return citizens and the HO chose to apply those rights only for cases which match the conditions in Singh. And this view would stay until the ECJ would say otherwise (as I said there are several case laws in this area which are waiting for a decision).

The whole idea of the Surinder Singh case was to ensure that an EEA national, once exercising EU treaty rights, could return to their member state of nationality without affecting their right to free movement.

Once my partner is exercising those rights in an EEA member state of which she is not a national, then doesn't the directive apply even to the UK when she wished to return there; in order to satisfy the directives treaty rights and freedom of movement laws?

I agree the directive doesn't apply to an EEA person of the member state they are a citizen too; because they have not been exercising those freedom of movement and treaty rights in a member state. However, this is not the case in this, and Surinder Singh's case.

Unfortunately, the UKBA don't share the same view as you do and until the court says otherwise, you will be treated under the current legislation.