does anyone have any experience in this?
I am a UK citizen, exercising EU free movement rules as laid down in EU Directive 2004/38/EC as a worker in Ireland. Non-EU Wife is here living with me and has been since we arrive.
We arrived in Ireland in December and I have been working since. Wife has an Irish Residence card and we have also been issued with an Accompany EEA spouse to UK visa in my wife's passport. We are also expecting a child in September, which we will get an Irish or UK passport.
Thing is now, in October, we will go to my wife's home country where I will work for the foreseeable future. After which, we want to them return to the UK.
the UK stipulates:
So I have been residing in an EEA State as a worker and will go to Azerbaijan for say 3-4 years and then return to UK. So in my opinion, we fulfill regulation 9.2(a). I would think Surinder Singh status still applies as they do not give a time scale???Family members of United Kingdom nationals
9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a United Kingdom national as if the United Kingdom national were an EEA national.
(2) The conditions are that—
(a) the United Kingdom national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; and
(b) if the family member of the United Kingdom national is his spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in that State before the United Kingdom national returned to the United Kingdom.
(3) Where these Regulations apply to the family member of a United Kingdom national the United Kingdom national shall be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.
Can anyone shed any light on this?
