Surinder Singh

[G4B3R]

Hello,

I am a bit confused, I am a British citizen, married to non-eu citizen and we are living in Germany with our daughter ( British Citizen).
My wife has the 5 year Residency card in Germany and we have been here for over 6 months.
We want to apply to Visit UK for Easter Hollidays using the Surinder Singh case.
The requirements were that to provide that i have integrated in the EU country (Germany).
Now my question is that when I came in September, I worked for 4 months, then I quit work, but I still have my work contract. Can i still apply that i have exercised treaty rights from that even though i haven't worked for the past 2 months? and also it doesn't state in my contract that I have resigned so if I say that i am still working can they still find out or is it too dangerous?
Please help me.
Also I am studying the language and have the documents to prove that.

Many thanks in advanced.

[Obie]

Your 4 months residence should be alright under EU law.

The centre of life requirement is an unlawful requirement, which does not conform with EU law.

[G4B3R]

Many thanks for the reply.

The thing is I plan in staying in Germany for a few years. But the question I am asking is that is it valid to show proof of my job which i quit almost 3 months ago as i only worked for 4 months? Or do i have to be working when i apply for the EEA Visa?

[Obie]

If you quit your job, then you are not a worker.

At the time of your application it cannot be said you are residing in an EEA state as a worker, unless you were made redundant or was working on a fixed contract which came to an end, or you have entered into vocational training related to your previous job.

[rosebead]

It is certainly valid to use the evidence that you had for your last job, although I wouldn't lie that you are still in the job. This UK case law says that there is no requirement that the British sponsor's employment has to have occurred immediately before returning to the UK. It is fine for the employment to have occurred in the past. What matters is that the British sponsor was in fact employed for a period at some stage during his residence in the host State.

[Obie]

The difficulty is that the EEA national in that case, had been away from work for purpose covered by the directive, which is pregnancy and Child care.

The Husband was working in Dublin and maintaining the family, whiles the wife was looking after their child and moving between Irish Republic and Northern Ireland.

I am not convinced that the it has a general application, but we shall see, in the light of the unlawful centre of life test.

[rosebead]

^ I see what you're saying but I don't think that this case law was arguing that the British spouse in this case had kept her "worker status" owing to being on maternity leave and hence was entitled to family reunification under SS because of her retained worker status. It seems to me that this case law is very much arguing that the EU sponsor's employment does not have to be immediately engaged in before returning to her state of origin i.e. it is fine for the employment to have occurred in the past. Although I would add that a couple must be legally resident at all times, otherwise they cannot be said to be exercising Treaty rights.

[G4B3R]

Thank you for the replies.
But I am still in the middle with the information as I am not sure if showing / proving that i work in the past is enough or not?
also i have joint bank account with my wife.
we have house contract.
I have study contract to say I am also learning the language.

Hope for a little more clarification.

Many Thanks