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Surinder Singh: 'centre of life' & 'residency' eligiblity

Posted: Fri Jan 11, 2019 10:47 pm
by CMPro
Hello!
I am a UK citizen and have been registered as a full-time student in the Netherlands since September 2017.
I was a part time employee in the Netherlands from September 2017-May 2018 in the Netherlands.
I had shared accommodation, with my name on the lease from September 2017- May 2018 in the Netherlands.

Because of strange circumstances (serious illness), I am still a registered student there, and maintain a bank account and correspondence address, but have actually been staying in a third EU country since June, returning to the Netherlands for short stays, to follow up on my medical treatment and my studies.

My then girlfriend, a Russian citizen, got a double entry 90 day Schengen tourist visa last January. We met in Italy at the end of January, and spent the next 3 months living together in the Netherlands. I was working and studying, but she couldn't; and neither did she get any utilities or documents in her name in that time.

We got married there on the 25th of April, 4 days before her visa ran out. She returned to Russia 3 days after.

In the summer, I was diagnosed with my illness. So that put the kaibosh on our original plans to travel around together. She returned on her tourist visa, and we spent about four more weeks in tourist accommodation in the Netherlands while I underwent surgery and hospitalisation last autumn. We then spent another couple of months together in another (cheaper!) EU country.

Now I have a job offer to return to the UK in February. She is back in Russia, and I am in a different EU country.

What are our chances of getting her an EU family permit, on the Surinder Singh route, based on our time in the Netherlands? Specifically, does her living with me only on a tourist visa exclude her from SS eligibility?

Any advice appreciated!