British Citizen Exercising Treaty Rights in EU state

[kakabueze]

Hello, i am a British citizen moved to Germany 9 months ago with our son British citizen and my Non- EU citizen(He entered germany with a shenghen visa valid for three weeks) and i am exercising my treaty right by working 12hours per week and i have three months pay slips already,we all have AOK health insurance card and registered at the Local authority. We planned to all go back to the UK under surinder singh rule. Can anyone please tell us when and where to apply for the EEA FP and what and what do we need to provide for this? I hope they won't make any problem as my husband visa expired already. Thank you

[secret.simon]

working 12hours per week

I am not entirely certain that working 12 hours a week will be considered "genuine and effective" work. On the other hand, as holding health insurance, you may be considered self-sufficient.

The Surinder Singh route has been substantially tightened up recently (November 2016). Read through this thread discussing the changes.

[Obie]

I beg to differ with Secretsimon.

That position cannot be sustained as a matter of Community Law. At least if that is what the UK government is purporting to give effect to .

Also see Kempf and Scheffel.

[kakabueze]

Hello, with information gathered
All i need to know now is will it be a problem applying for EEA FP as my husband shenghen visa had expired already? We are planning to apply with my four months payslips and our health insurance card and proof that we live together with our son also a British. Thanks and i will wait your response

[secret.simon]

will it be a problem applying for EEA FP as my husband shenghen visa had expired already?

No problems caused by that, as your husband's rights are based on your exercise of treaty rights in Germany, not on the Schengen visa.

[kakabueze]

We will fill out the EEA FP Form and book an appointment at the UK Vac, I will get back to you and thanks for your advice. I hope they will take the application in for processing moreso what other supporting document can we add.

[kakabueze]

Hello i am a British Citizen exercising my treaty right in Germany under Surinder Singh rule with my son also a British and my Non EU husband from Nigeria that joined me with a 15 days shengen visa. I am working here in Germany with four months payslips already and i want to apply for an EEA FP for my husband as we are living together and we all have health insurance card.. My concern: Will they make problem at the UK submission center as my husbands shenghen visa had expired already as we tried to apply for RC in Germany but they said my income is low as at when i wanted to apply. Then what documents do we need to put as supporting documents? Thanks