Surinder Singh, EEA2 Leave to Remain?

[stickyTOFFEEpudding]

HI Guys,

I am a British National and my case falls under the Surinder Singh case, as I have been excercising treaty rights in another European state for more than two years. My wife (non eea) had been with me all that time under a Romanian EEA family Permit.

Can someone tell me if:

I can come back to the UK with my wife, whilst she is holding that permit issued from another country. Or does she have to apply for another family permit?- she is Sri Lankan.

And;

What information / documents do I need to apply for her residence permit so she can stay with me in the UK...

Would I be applying for EEA2 or FLR(O)?

Thank you


Craig.

[vinny]

I believe that she may apply for an EEA family permit and subsequently EEA2.

[Directive/2004/38/EC]

You have to be intending to work when you return to the UK. It is as if you are a non-UK citizen from another EU country coming to the UK.

[stickyTOFFEEpudding]

You have to be intending to work when you return to the UK. It is as if you are a non-UK citizen from another EU country coming to the UK.

Thanks for the clarification guys

I will be planning to apply for EEA2 for my wife under the Surinder Singh principle. Please can anyone help me with the following matters before I submit?

I have been working in Romania under contract... but I only have proof of this through some wages deposited into my bank account by my employer (no wage slips or tax documents)... I guess this is classed as self employment... will this be enough to say I have been economically active?

Once I am back in the UK with my wife, can I apply for EEA2 within the six months family permit? The embassy said there shouldn't be any problems issuing me with this visa as we have marriage certificate.

In regards to living together like a couple... my old employer paid for the flat and bills we lived in Romania... Can I get my old landlord to write a letter to say we lived together and is this acceptable?

When I come back to the UK, I intend to set up my own business through companies house... I read from the other section of this forum that myself and my partner will need private medical insurance, can you confirm whether this is true... even if we apply after I register with companies house?

Unfortunately, I cannot get further confirmation from my ex bosses as their company has now liquidated, which is partly why i am moving back to England.

Your help is much appreciated.

Thank you

[Directive/2004/38/EC]

How long have you been married? In general, if you are married then you are married and it is a closed issue. No need to prove you have been living together.

Do you really have no (ZERO zilch nada) documentation trail to show that you were employed in Romania? No job offer letter? You paid no taxes? No documentation from when you applied for unemployment benefits after your firm went under? If so this may be a problem.

You can apply for the Residence Card as soon as you arrive in the Uk. And both of you can start working immediately.

[stickyTOFFEEpudding]

How long have you been married? In general, if you are married then you are married and it is a closed issue. No need to prove you have been living together.

Do you really have no (ZERO zilch nada) documentation trail to show that you were employed in Romania? No job offer letter? You paid no taxes? No documentation from when you applied for unemployment benefits after your firm went under? If so this may be a problem.

You can apply for the Residence Card as soon as you arrive in the Uk. And both of you can start working immediately.

We have been married for over a year. We met in Sri Lanka where I was working for a while.

I have job offer letter (from the time I was in Romania) and bank statements showing they put money in my account on a monthly basis only... Company sorted out the taxes / accommodation / bills for me so I had nothing to do with it at all. I have never claimed any kind of benefits in any state.

I have enough funding to support us both for the next few years even if I am not working now, but I have set up a company and in the process of registering with HMRC... I guess I should not submit until I have completed submissions to HMRC.

I am very grateful for your attention.

[Directive/2004/38/EC]

Where are you and your wife now? Not in Romania? In any case, if they issue your wife the EEA family permit, then it means they recognize that you were working in Romania.