Surinder Singh and previous residence in the UK

[Richard66]

Under regulation 9 of the 2006 Regulations, the family members of a British national returning to the UK will be treated as if they were the family members of an EEA national under the following conditions:
•
After leaving the United Kingdom, the British national resided in an EEA state and –
o
Was employed there (other than on a transient or casual basis); or
o
Established him/herself there as a self-employed person; and
•
If the family member is his/her spouse, the marriage took place, and the parties lived together in an EEA state, before the British national returned to the United Kingdom.

Considering the points marked in boldface, what happens if the British citizen lived his whole life in an EEA state but not the UK, will he still be allowed to return to the UK under EU law?

What happens if he married outside the EEA, returns to the EEA with with family member and then seeks admittance into the UK?

What happens if this British citizen works in an EEA country or is self-employed for, say 3 years, and then becomes self-sufficient? is he still covered by EU law?

[thsths]

Considering the points marked in boldface, what happens if the British citizen lived his whole life in an EEA state but not the UK, will he still be allowed to return to the UK under EU law?

Good question. The case law says that crossing the border is activating your European right of free movement, but is it the crossing out or back that does it? I would guess yes, because of the circumstances, but I am not certain.

What happens if he married outside the EEA, returns to the EEA with with family member and then seeks admittance into the UK?

No, I do not think that works, unless you become a resident again in another EEA country before returning.

What happens if this British citizen works in an EEA country or is self-employed for, say 3 years, and then becomes self-sufficient? is he still covered by EU law?

I am surprised that the law does not include the other treaty rights of being a student or self sufficient. I wonder what the reason for the omission is, and that would also influence the answer to your question.

[John]

A very good question indeed! The actual judgement of the ECJ in the Surinder Singh case reads :-

THE COURT,

in answer to the question referred to it by the High Court of Justice (Queen' s Bench Division) by order of 19 October 1990, hereby rules:

Article 52 of the Treaty and Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services, properly construed, require a Member State to grant leave to enter and reside in its territory to the spouse, of whatever nationality, of a national of that State who has gone, with that spouse, to another Member State in order to work there as an employed person as envisaged by Article 48 of the Treaty and returns to establish himself or herself as envisaged by Article 52 of the Treaty in the State of which he or she is a national. A spouse must enjoy at least the same rights as would be granted to him or her under Community law if his or her spouse entered and resided in another Member State.

Just looking at the last sentence of that, I don't think that it is necessary for the person to have been resident in the State of their nationality.

For the full judgement ..... click here.

Richard66, when were you last in the UK? And for how long?

[Richard66]

I aked this one because I came directly to Italy, not passing through the UK, but, of course, in order to exercise these treaty rights in Italy I had to furnish the authorities with a UK address. I used the same one my father uses, that is, his niece's.

Technically I am a worker in Italy, as I exercised my treaty right in that capacity for over a year and am enrolled in the local Jobcentre. In matter of fact, I am really self-sufficient, in that I lost my job involuntarily. As I am in the process of opening a landscape design school, I might end up being self-employed.

Now, supposing the school is a flop and I am no longer self-employed? Do I retain my right of residence because I had acquired it previously as a worker or is my status changed by my position as a self-employed person? Could I be removed if the school folds up, whereas now I cannot be, because I was a worker?

I married in Italy, so that was just curiosity.

I would say Surinder Singh needs to be updated.

When was I last in the UK? I left on 11 September 2002.