Immigrationboards.com

Hi

Can someone please send me a link to EU Case Law which confirmed that at 10 weeks, the EU Worker is classed as having exercised their EU Treaty Rights and can use the SS route to go back to UK. Thanks.

I am sure I read it somewhere, but now need it urgently as did not save it.

Thanks

Regards

Adam Caan

Hi

Thanks to a person on a FB forum, the information has been found and is listed below to help all other people out there challenge the Home Office if they are rejected for using the Surinder Singh route to enter UK with their Non EU Spouse -

"The European Court of Justice ruled in Franca Ninni-Orasche (C-413/01) that a fixed-term contract of employment for ten weeks was sufficient for the applicant to be a worker under EU law."

See also Begum (EEA – worker – jobseeker) Pakistan [2011] UKUT 00275(IAC) > Barry v London Borough of Southwark [2008] EWCA Civ 1440 (19 December 2008).

I hope you are planing to make an application in the next few days. Coming January it will be difficult.

All these cases seem to be fact sensitive, and may not be applicable to a particular scenario.

Part of Begum is no longer good law, as it has been overridden by changes to the EEA regulations and clarification of the law.