Surinder Singh- Retention of rights

[nobodysperfect]

Hello All,

I am trying to gather some information for a friend of mine who is in the UK on Surinder Singh basis. They are currently holding a EEA2 Residence card with five years validity and have been living in the UK for almost a year now. He has been married for almost three years and has a British child with their spouse. Can some one please lay down the conditions they need to fulfill for retaining their rights as a spouse of a BN?

Thanks in advance.

[Jambo]

Retaining rights is associated with getting a divorce. Is that what you are asking?

[nobodysperfect]

Retaining rights is associated with getting a divorce. Is that what you are asking?

Yes. Getting a divorce or being separated or starting the procedure to get a divorce for the marriage contracted abroad. What conditions do they have to meet before they qualify?

[Jambo]

See regulation 10 (5).

[nobodysperfect]

See regulation 10 (5).

British National will be a qualified person after coming back on Surinder Singh regardless of their current situation. Does that mean there is no further condition apart from one year residence under the Community law and three years of marriage? Does the non eu family member need any CSI if they are employed full time?

by the way thanks a lot Jambo

[Jambo]

The non EEA national would need to satisfy the condition in 10(6). If he/she is a worker, CSI is not required.

[nobodysperfect]

The non EEA national would need to satisfy the condition in 10(6). If he/she is a worker, CSI is not required.

Thank you Jambo!