It is great to see so many of the old faces on here, still giving amazing advice
I have no doubt lots will remember the trauma we went through using Surinder Singh with a pregnant wife going to Bulgaria! (drama queens!).
The five years have been incredibly kind to us, our beautiful daughter is about to finish year R! My amazing wife settled in perfectly to life in the UK, and I am now half way through a law degree with the Open University! Interestingly my last module dealt with EU law, and it was a pleasure to study the free movement of people within the EU!
I do understand my limits, and one small module does not make one a master, and I have come back to seek the professional advice which you guys provide so perfectly!
We are travelling back to Ann's home country of The Philippines, and will arrive back in the UK on 31 August. Her five year residence card expires on 3 September. My questions are as follows:
1. Should Ann expect any problems re-entering the UK with just 3 days left on her residence card?
2. Her residence card is on a passport that expired, I believe it is OK to bring the expired passport containing her residence card and her new passport?
3. I am a little bit confused by Art 16 (2) Directive 2004/38. I realise I am a union citizen, but not in the context of the Directive. However, if she was refused the permanent residence card, it would presumably be discriminatory on grounds of nationality?
As you guys know our story, and helped so much, I am quite happy to try and push the boundaries, and say to hell with your 137 page application form, and report back to you guys what happened! As far as I understand it, she can only be denied due to absences exceeding 6 months (zero), or on the grounds of public policy, security or health which do not apply either.
I am sure that a secured tenancy agreement in both our names, followed by mortgage statements, joint bank statements and council tax bills covering the whole five years should be proof that we resided together for five years. I am looking to get the application prepared so that it can be sent immediately upon our return!
Thank you in advance for your assistance, and very best regards to all
