Enquiry about my EC rights

[Vxavier]

Hi
I am a British Citizen and I am thinking to exercise my EC rights in UK. Before moving to Denmark (from UK) I was doing a part time job in UK for two days a week. When I left UK for Denmark, I had undertaken leave from my present company for more than three and half months. My situation is:
I have stayed in Denmark from 14th June, 2011 to 4th October, 2011 for reviving my EC (European Community) rights. I have received Danish Registration certificate, residence agreement and student status for more than three and half months. After coming from Denmark to UK on 4th October, I rejoined the previous company (Company did not terminate me for this leave).
Can you please advise (based on my condition even after retaining my job in UK but taking a leave from the job for more than three and half months) whether I am entitled for EC rights or not.

With best regards,
Vxavier

[Jambo]

What do you mean by EC rights? What rights do you think you might be entitled to?

[Vxavier]

What do you mean by EC rights? What rights do you think you might be entitled to?

EC rights mean the right of free movement in European Union. I am looking for Free movement right because my husband is unfortunately not able to get a spouse visa and hence I am looking for European Union Route to get the visa. My problem is (as I have written in the previous mail) I have stayed in Europe for more than three month (but without resigning my job in UK and on a three and half month leave from the company in UK). Hence as a first step, I am verifying whether I hold any EU rights. UKBA has said that I do not hold this EU right because my intention was to return UK and not settle in EU country even if I have all the registration certificates, letters for more than three months.

[Jambo]

To make use of EEA route for British nationals (the "Surinder Singh" route) you are expected to have performed a genuine and effective economic activity (either employed or self-employed) in a member state in order to qualify. Just residing (or studying) in another member state is not enough. Your husband would also have needed to be living with you in the member state.

See more - EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases).

[Vxavier]

To make use of EEA route for British nationals (the "Surinder Singh" route) you are expected to have performed a genuine and effective economic activity (either employed or self-employed) in a member state in order to qualify. Just residing (or studying) in another member state is not enough. Your husband would also have needed to be living with you in the member state.

See more - EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases).

Are you sure that I need to have an effective economic activity (I was doing a volunteer work in Europe) to get this right. Since I received a reply from Europe advice and solvit that I should be allowed to have EC right. But I am trying to confirm it from two different sources.

[Jambo]

Yes. Those principles were established in the ECJ Case C-370/90 (Surinder Singh) and have been incorporated into the UK domestic legislation as regulation 9 of the Immigration (European Economic Area) Regulations 2006.

[Vxavier]

Yes. Those principles were established in the ECJ Case C-370/90 (Surinder Singh) and have been incorporated into the UK domestic legislation as regulation 9 of the Immigration (European Economic Area) Regulations 2006.

Tahnk you for your mail. Then I am confused. Whether I accept Europe advice and SOLVIT to be true (I had explained the same situation to these organization) or these article to be true. Europe advice has written me that "I confirm by our decision that you are entitled for EC right, even when you have not resigned from your post in UK and taken a leave for going to Europe for more than three and half months). They have written that I need to pass their mail to the concerned authority. But I was looking for some other source also (for the verification) for any appeal.

[Jambo]

The fact that you did not resign from your work in the UK has no meaning here. The question here is your activities in the member state. You need to have exercised treaty rights as a worker. That is the UKBA view on this issue.

[Vxavier]

The fact that you did not resign from your work in the UK has no meaning here. The question here is your activities in the member state. You need to have exercised treaty rights as a worker. That is the UKBA view on this issue.

Hi, Can you please tell whether any concerned authority in UK has any legal binding to accept (or at least to reply that they do not accept this) the Europe Advice, SOLVIT advice. Or The authority does not reply at all even after sending the advice from Europe Advice, SOLVIT.

[MelC]

EU citizens residing in the Member State of their nationality do not normally benefit from the rights granted by Community law on free movement of persons and their third country family members remain to be covered by national immigration rules. However, EU citizens who return to their home Member State after having resided in another Member State8 and in
certain circumstances also those EU citizens who have exercised their rights to free movement in another Member State without residing there9 (for example by providing services in another Member State without residing there) benefit as well from the rules on free movement of persons.

8 Cases C-370/90 Singh and C-291/05 Eind

although there appears to be nothing legislated, isn't 6 months the period of time used as "rule of thumb"?

If YE are saying you are covered to return with your spouse then go for it, you could contact the Policy team at the UKBA ~ they are not good at responding to unsolicited emails though, and they tend only to quote regs to you rather than actually answering a question.

i would be inclined to trust YE, and am quite surprised that SOLVIT are in agreeance!