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Hello,

Does anyone have any clear experience or knowledge of whether the right to return (Surinder Singh) is maintained even if my wife and I were to live outside of the EEA for a period. We are currently in a position to have qualified for Surinder Singh rights (I, the British Citizen, have exercised treaty rights and we have been married and living together in the Netherlands). Currently, commitments will take us to Australia for a period of 12 months. Would we retain the right to return to the UK under EEA rules?

Section 9 of EEA Regs 2006 states:

the United Kingdom national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; and

Does that stipulation enable us to use those rights after 1 year residing outside of the EEA? By my reading it does though I'd love to know if anyone has experience of this.

Thanks

There is no need to immediately come back to the UK. In fact you could argue it is good that you continue to live outside of the UK, as it clearly demonstrates that the centre of your life has shifted.

You do need to retain proof that the British citizen was working for some time in another member state and that the EU citizen was with them.

Yep we'll have evidence of employment and of studies (studies will be our preferred route as the employment was very low hours so I'm concerned about meeting the Levin threshold of effective and genuine). Obviously we're all waiting for a revision to EEA 2006 to reflect C-456/12 which, when such a revision comes (most likely via tribunal), will knock out both the economic treaty right requirement and the centre of life test so in a years time the landscape should be more favourable. Should .

Interestingly, the Netherlands has had C-456/12 in full effect for ages now and their application form (in stark contrast to the UK) is short, accurate, bilingual and to the point. Clearly lays out your C-456/12 enhanced Surinder Singh rights too. Oh if only the UK would show a little more respect to the law

C-456/12 applies in the UK, even if there has been no direct work on it by the Home Office. It can be referenced in applications and appeals and has legal effect.