Clarifcation based on SS route

[TracieTesh]

If a British citizens works in another European country for 6 months and comes back to get marry to a Non EEA already residing lawfully in the UK, will they be able to apply through the SS route?

[Wanderer]

If a British citizens works in another European country for 6 months and comes back to get marry to a Non EEA already residing lawfully in the UK, will they be able to apply through the SS route?

My understanding is that they must have resided together in said EU State before returning to UK, i.e. exercised a treaty right.

[secret.simon]

No.

The text of the judgment in the Surinder Singh case makes it clear that the route is triggered by the fact that the marriage was created or already existed during the time the British citizen was exercising treaty rights. The enmeshing of the marriage and the period exercising treaty rights is what triggers the route.

If the marriage was created after the period creating treaty rights or was dissolved before the exercise of treaty rights, there are no Surinder Singh rights created.

[kunfayakun]

Unfortunately no, you can not apply under SS route unless you exercise your treaty rights together in another EU country before returning to UK.