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Hello, my Family and I are currently living in Germany. I'm British and my husband is American. We have lived here in Germany for about 7 months now, after moving here as a last resort just to be together. Recently we heard about the Surinder Singh route and thought that might be a good option for us to get back to the UK. My husband (the non-EEA citizen) has a part time job here and I have been unable to find anything, especially since we have a 9 month old baby. My question was is it absolutely necessary for the EEA citizen to be employed in order to exercise treaty rights or is it possible to say we were self sufficient, with about 13000 pounds in savings, and still exercise treaty rights? We are desperate to get back to England now as things here are not going as well as we had hoped. Also we both have work available to us if we are able to get back to the UK. Thanks for your help

The good news is that according to the judgment on Case C-456/12 a person can be in self sufficient category in order to trigger rights for their non-eu family member to return back to the home state of the eu-national.
But the bad bit is that UK hasn't amended the regulations yet which means that you would most probably initially be refused but you will be given a chance to appeal. It is then when you are most likely going to be successful provided you meet the conditions i.e had comprehensive insurance for both you and your partner in Germany+ Residence card issued in Germany to your partner, lived together etc.

Hi. I applied for EEA family permit 3weeks ago though until now, Im still waiting for the decision. As far as I know, you can only show that you are exercising your treaty rights if you are working or self employed. My husband works full time since 2011 as a private investigator here in Cyprus but because Cyprus is having economic trouble his company fired him but still works with him as a freelance investigator since 2013 until present.

You also need to show that your life is moved in Germany. You need some evidences like employment contract, german driving license, language lesson, community engagement or anything that can show that your life is there.

zboon786 wrote:Hello, my Family and I are currently living in Germany. I'm British and my husband is American. We have lived here in Germany for about 7 months now, after moving here as a last resort just to be together. Recently we heard about the Surinder Singh route and thought that might be a good option for us to get back to the UK. My husband (the non-EEA citizen) has a part time job here and I have been unable to find anything, especially since we have a 9 month old baby. My question was is it absolutely necessary for the EEA citizen to be employed in order to exercise treaty rights or is it possible to say we were self sufficient, with about 13000 pounds in savings, and still exercise treaty rights? We are desperate to get back to England now as things here are not going as well as we had hoped. Also we both have work available to us if we are able to get back to the UK. Thanks for your help

Please follow this thread from the begining of the page. http://www.immigrationboards.com/eea-ro ... 21226.html You should an indepth understanding.

zboon786 wrote:Hello, my Family and I are currently living in Germany. I'm British and my husband is American. We have lived here in Germany for about 7 months now, after moving here as a last resort just to be together. Recently we heard about the Surinder Singh route and thought that might be a good option for us to get back to the UK. My husband (the non-EEA citizen) has a part time job here and I have been unable to find anything, especially since we have a 9 month old baby. My question was is it absolutely necessary for the EEA citizen to be employed in order to exercise treaty rights or is it possible to say we were self sufficient, with about 13000 pounds in savings, and still exercise treaty rights? We are desperate to get back to England now as things here are not going as well as we had hoped. Also we both have work available to us if we are able to get back to the UK. Thanks for your help

Has your husband been issued with a German RC, if so, undernwhich category did he recieve one? I hope you don't mind sharing.