- British citizen ("BC") reached pension age several years ago but continued working at the same time as receiving a state pension.
- BC was posted by her employer to another EEA country, where BC also qualified in other categories such as self-employed and even self-suficient, continued receiving UK state pension, and lived with non-EEA spouse.
- BC and non-EEA spouse returned to the UK after having exercised treaty rights in the EEA country.
- BC's spouse was awarded UK residence via Surinder Singh route.
- BC ceased work after 11 months of having returned to the UK, and continued as a retired person receiving state pension.
- BC owns property, receives state, private pensions and dividends from investments, all amounting to an annual income way above the minimum threshold required to sustain a household of 2 people.
1) Did the above non-EEA spouse acquire automatic UK permanent residence under Regulation 15(1)(d)(i) and (ii), when the BC stopped working for good?
What I am trying to establish here is whether the BC only has to fulfil Regulation 5(2)(a)(i) to qualify as a person who has "ceased activity", similar to what Regulation 5(6) confers to EEA nationals who ceased activity and are married to a BC. I cannot see the specific case above mentioned/covered in the Regulations, namely when the BC is the EEA national (by application of Regulation 9) who has ceased activity.
Surely the conditions of length of residence and activity should not apply to the BC too, since a BC has an automatic right to permanent residence, and does not need to apply for it.
If the conditions in Regulations 5(2)(b) and (c) have to be fulfiled by the BC, would the BC automatically fulil them based on the fact that the BC had worked and lived in the UK for decades "prior" to ceasing activity, but not necessarily "immediately prior" to. It is a subtlety, but nevertheless changes the intention of the requirement.
Thank you for any reply,
Lola B.