I have walked the EEA/EU road and my wife is in the UK!

[angryparentz]

Two years back my posts and mission were considered as nonsense and impossible! You can search for my posts under AngryParent.

I had worked in Thailand for many years as a professional (a teacher) and that honest profession in Thailand did not pay enough to meet the nonsense salary requirements to bring my Thai wife and UK son back home.

My mission was to bring my family home.

I had posted the EEA/EU route and many ridiculed the viability of such.

WE are now in the UK!

My wife did not have to do an English test, no medical tests, did not pay close to 1000 GBP for the visa (it was free), and she does not have to renew her visa and does not have to worry about the future as she has permanent right of residence based on the Eind case, C-291/05 in which the Court of Justice of the EU decided that when a worker returns to the Member State of which he is a national, a third-country national who is a member of his family has a right to reside in the Member State of which the worker is a national, even where that worker does not carry on any effective and genuine economic activities.

7by7 I walked the hard and long road. An apology from you is now due…. As you said, you might not like my persona, but I did climb Everest in the end!

[beano2274]

so which EU country did you work in before going back to the UK?

[angryparentz]

so which EU country did you work in before going back to the UK?

Ireland - as I mentioned 2 years back!

Not only was this an adventure for the family to work and travel there, we experienced the kindness of Ireland and lived right next to the beach in Dublin!

The savings on this indirect route were surprising:

2.5 months in prime location and posh area next to the beach in Dublin. We lived in Dun loaghare - the equivalent of Kensington and Chelsea.

The British embassy did 100% service and ensured the well-being of the family.

[beano2274]

I might do this in the future I currently work in Germany

[7by7]

7by7 I walked the hard and long road. An apology from you is now due…

For what?

I have never said that following the Surinder Singh route is not possible or even not viable.

All I have said is that it is not suitable or the best option for all, for a variety of reasons.

If I remember correctly, you first started enquiring about settlement in the UK long before the financial requirement came into force for applications made on or after 19/7/12, which the opening line of your OP seems to confirm, but ignored the advice given to you at that time.

As I have no desire to engage in a pointless argument with you, that is all I have to say on the matter.

[Globaleyes]

Hello OP, I hope that you are not now an 'Angry Parent' ....

I would very my like to know exactly what you did and how it worked out.

Many thanks.

[7by7]

Basically;

The EEA national, in this case British, must have been exercising a treaty right (job seeker, worker, self employed, student or living of independent means such as a pension) in an EEA state other than that of which they are a citizen, in this case the UK.

Their non EEA national family member(s) must have been living there with them for at least three months.

They must have 'created or strengthened' their family life together during the period of residency.

Surinder Singh immigration route from Free Movement explains it in more detail.

[angryparentz]

Basically;

The EEA national, in this case British, must have been exercising a treaty right (job seeker, worker, self employed, student or living of independent means such as a pension) in an EEA state other than that of which they are a citizen, in this case the UK.

Their non EEA national family member(s) must have been living there with them for at least three months.

They must have 'created or strengthened' their family life together during the period of residency.

Surinder Singh immigration route from Free Movement explains it in more detail.

Your post is incorrect to the extent that it is worrying (considering that you have been on this site for a decade+)

I applied for my wife's EEA Family Permit after 2 months and it was approved 10 days later (Bank Holidays delayed). So, it does not have to be 3 months. And I will teach you something here: the visa service returns a black plastic packet - if it is squeezable to the passport it is approved, if it contains any other paper (plus passport) it is refused!!!

Your outdated Free Movement link is lacking. The Home office released data under the Freedom of Information Act and they stated that there is NO MINIMUM TIME required to reside in an EU nation to satisfy the centre of life requirement and this equally links to the residence requirement.

The UK has for a long time stated that it will not accept the "fringe treaty rights" e.g. job seekers. And they still follow such!!! But you state the above in your post?

It was stated a long time back (by you) that it was uneconomical to do the EU/EEA route - Have you done your sums?

My wife has 100% access to the UK for 0 GBP under the EEA route. No tests, no 1000 GBP initial visa, NO language tests, no medical tests, no constantly changing rules as we rely on the legally superior EEA! And we do not have to re-start ANYTHING every XYZ months!!!!

I read the parallel post on the language tests - how many thousands of wifes/husbands of UK citizens are today sitting on the edge of their seats and worrying (after they have spent hundreds/thousands)???

My entire family does not have to worry about anything. My wife entered the UK under the EEA/EU regulations under the right of return.

Return = no required exit!!!!

7by7 my entire family is disproving a lot of your statements.

[7by7]

I have quoted Free Movement, who are experts in these matters, and who themselves have quoted the relevant EEA regulations.

If you somehow managed to by pass these, probably by doing it all before the recent changes, good for you.

As for the rest of your post; go back and read what I posted at the time before you misquote me.

You have a problem with me; I know that, and I know the reason for it; as will anyone else who cares to go back and read our pervious conversations.

If bringing it up yet again on this board gives you pleasure; good for you.

I stand by everything I said at the time, and nothing you have posted in this topic disproves anything I have ever said in this regard.

Unless another member has a specific question on the EEA regulations in general and Surinder Singh in particular, I wont be responding in this topic further. There is certainly no point in responding to any questions you may have as experience has shown that you refuse to listen to the answers you don't like.

Edited August 28, 2014 by 7by7

[angryparentz]

7by7 You might be quoting the Freedom of Movement site but as usual your data/knowledge is not 100%.

The correct answer is: "There is still no minimum time period that must be spent in the host member state and all cases must be assessed on their own merits." from the Home Office!

Please see:https://www.whatdotheyknow.com/request/195746/response/487293/attach/3/FOI%2030561%20response.pdf

And no, we moved back to the UK after the changes came into effect this year.

[7by7]

You link is dated 26/2/14, and refers to the UK's amendments to their version of the EEA regulations which came into force on 1/1/14.

The judgement which established the three month requirement (O v The Netherlands (Case C-456/12)) is dated 12/3/14.

On my calendar, March comes after both January and February!

As Free Movement say in the link I provided earlier:

Without much mentioning the case of Surinder Singh, the judgment completely re-writes the legal basis of the earlier case and sets important and binding new guidance.
(My emphasis)

Now, whether your family applied before, on or after 12th March and whether or not the UK is yet to implement this minimum three month requirement is, in my view, irrelevant.

As Free Movement say:

Until guidance is forthcoming from the Home Office addressed to its own officials, it is likely that decisions will apply the legally wrong UK regulations. On a pragmatic basis, though, it is easiest if an applicant can satisfy these requirements: it is the difference between an application being granted by the Home Office and having to appeal to an immigration judge, at some inconvenience and expense.

In my opinion it would be totally inappropriate to advise people that they can use the Surinder Singh route to bring their family to the UK after living in another EEA state for less than three months when the Grand Chamber of the Court of the European Union has ruled otherwise and all EEA member states must amend their version of the EEA regulations to comply with that ruling; even if the UK has not yet done so.

And that really is my final word on the matter.

If you still refuse to believe it, take it up with the Grand Chamber of the Court of the European Union.

[angryparentz]

7by7 would a response in June saying "There has been no amendment to the instructions regarding the ‘centre of life’ requirement for British citizens who have exercised free movement rights in another Member State." prove you wrong again?

The Home Office letter states the O v The Netherlands (Case C-456/12).

https://www.whatdotheyknow.com/request/210480/response/526232/attach/3/FOI%2031652%20response.pdf

The link states that the guidance of January is still valid.

And the link for January is: https://www.whatdotheyknow.com/request/192568/response/474057/attach/4/FOI%2030270%20Annex%20A%20New%20Regs%20Training%20Slides%20Surinder%20Singh.pdf

In the above they say there is NO MINIMUM TIME REQUIREMENT.

June comes after March! Feel free to admit you are wrong at any time!

[theoldgit]

OK, this is just bickering now.

You have got your wife to the UK, congratulations, you have told us how you did it, so this thread can be closed now.