Surinder Singh route question.

[alienated]

Circumstance invites this as a possibility.

I read the following http://www.ukvisas.gov.uk/en/ecg/chapte ... ur%20eight

Q) I would like to know if there is a minimum timeframe or is it just that both British Citizen & non-EU spouse must obtain resident status in another EU state?

It might be that we do not ultimately pursue entry into the UK because an opportunity may arise for my spouse in the destination European state however I think it's good to know where we stand.

[86ti]

I think the Surinder Singh case does not dictate a minimum timeframe but the UK may impose one. I know that at least one other country does or did (> 3 months).

EDIT: May be 6 months in the case of the UK but others may know more.

[Casa]

Believe for the UK it's 6 months, and the BC has to prove they were 'exercising the treaty right' during this time in the EU country.

[86ti]

... and the BC has to prove they were 'exercising the treaty right' during this time in the EU country.

Well, I guess that's obvious. The question is how you can prove to the UK that you did not depend on public funds and had comprehensive sickness insurance.

[Casa]

Do you need comprehensive sickness cover if you're employed? Or have I missed an earlier post?

[86ti]

Do you need comprehensive sickness cover if you're employed? Or have I missed an earlier post?

An employee is probably automatically insured I suppose. What I ment is what UK's home office would find to be acceptable as they seem to think that NHS doesn't cover self-sufficient persons and students in the UK. Hence, my question mark regarding proof from foreign countries.

[alienated]

I cannot help with the sickness cover question.

Seems funny that they say: "It does not matter if the only reason the British national went to another Member State to exercise an economic Treaty right was so that he/she could come back to the UK with his/her family members under EC law". Sort of sounds like - well if you really want to subvert UK law, pop over to Germany and do the formalities and then come back.

Anyway my freelance work will most likely surpass six months but would my spouse have to have been present for the duration or just holding a resident permit at the time of application? It's 50-50 whether we would go on to pursue this route - just need to try not to not trip up on obvious stuff like it we applied two weeks later...

I suppose my last unanswered thought on this is - does the non-eu spouse need to be resident for said/similar duration or simply in possession of a resident's permit at the time an application is made? The reason I ask is that my spouse will need to stay behind to work out 6+ months on a work contract whereas I'm free to go ahead and start things in France.

[86ti]

I suppose my last unanswered thought on this is - does the non-eu spouse need to be resident for said/similar duration or simply in possession of a resident's permit at the time an application is made? The reason I ask is that my spouse will need to stay behind to work out 6+ months on a work contract whereas I'm free to go ahead and start things in France.

You have to move and be resident together for her to obtain a French residence permit. I do not know, however, if you have to have lived together in the other member state to make use of the Surinder Singh ruling or if it would suffice if you as the EEA national had previously exercised your treaty rights on your own.

CORRECTION: your wife can join you any time later but keep in mind that the application process for the residence permit may take a while. Of course, the question is still if the HO would also require her to be 6+ months in France together with you. I do not know.

[datuchi]

logic would dictate, following the decision in Surinder Singh case, that you shouldn't be discriminated against on the ground of coming back home. Once you have exercised Treaty Rights (by staying in one of 3 capacities for over 3 months) in another Member State, you could come back into the country and your spouse would be covered by the Free Movement Directive as clarified by the Singh case. So, just circumvent the bureaucracy by bopping down to another country for a while and vouala, you've given your case a European dimension and not the domestic one!!!

(that's my personal opinion, could get it wrong)