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New immigration rules and the EEA route

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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newbieholland
Member
Posts: 177
Joined: Fri Jan 14, 2011 10:11 pm
United Kingdom

Post by newbieholland » Sun Jul 01, 2012 12:40 am

HI Andy,

Just saw your following post -http://www.immigrationboards.com/viewtopic.php?t=107015


You should still qualify for Surinder Singh. Read the case law here -

http://www.bailii.org/uk/cases/UKUT/IAC ... rocco.html
"The time to repair the roof is when the sun is shining."

Oso Peludo
Newly Registered
Posts: 1
Joined: Tue Jul 10, 2012 7:23 am
Location: Europe

Post by Oso Peludo » Tue Jul 10, 2012 7:51 am

andyjohnst wrote:Yeah - been working full time over here since arrived in December 2011 Cheers thanks for the info.

Do you know the answer to this one?

If we decide to go to my wife's home country after living in Ireland, can we use the Singh rule to then come back to the UK together. Say if we stayed there for 3-4 years. Can we apply at the UK embassy under EEA route application if I keep proof that we lived and I worked in Ireland however many years ago? Is this allowed? Is there a time limit?
I am new member here but I have "lurked" for a considerable time and have found the board invaluable. Thanks!

I believe that there is no actual time limit. In the case mentioned elsewhere in this thread: "Mrs O’Brien for the respondent (Home Office) accepted that there was no requirement for the employment to have been engaged in immediately before the return to the state of origin. She informed us that there had been a Home Office policy that a gap of up to six months had been considered acceptable but this had been withdrawn in the light of the developing jurisprudence of the Court of Justice. Now an overall case by case assessment was made whether the claim was a reasonable one in all the circumstances. She had no submissions to make as to how such a test would apply on the present facts". Here, in this case, there was a break of THIRTEEN months.

However I do believe that there must be "a sufficient link" (same case) ie there must be some sort of continuity. The writer andyjohnst mentions going to Baku for 3-4 years. In my opinion the "link" is then broken and he is unable to exercise his European rights. Just my opinion of course.

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