WEBlue

That Eurropa page simply tells how non-EEA family member(s) may get a Residence Card for whatever EU country they have moved to with the EEA citizen. So yes, pensioners or self-sufficient EEA citizens are exercising EEA Treaty Rights by simply living in the country. That's fine, if the family want to stay in that EU country. But as I understand it, pension or self-sufficiency will not work for Surinder Singh. Only employment or self-employment will.

See this UKBA guidance page, and scroll down to the bold header, EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases)?

http://www.ukba.homeoffice.gov.uk/po...eun2/#header14

UKBA put those two words "worker and self-emloyed" in bold letters. Those are the ONLY ways to come to settle in the UK via Singh.

uk_vette

Weblue is right,

The whole thing about Surinder Singh, is that you are exercising your treaty rights.

That means, living and working in any other EU country, except your home country.

Generally the least time I have known about "living and working" is 2 and half months.
However, I wouldn't approach the Calais UKBA (at Calais) border, (if wanting an A1 stamp in your non EEU wife's passport) or the UK foreign consulate, (if wanting an EEA family permit for your non EEU wife)

UKV

ldollard

has anyone moved to Amsterdam using this route, and if so, what was it like bringing your american wife with you?

Also does would i be considered employed or self-employed if i am working for a company (non-EU) in another part of the world while being resident of an EU country?

ldollard

Ok So i just went through and read the requirements for EU-family members who are working in an EU country and who want to bring in a NON-EU family member (spouse, children, grandchildren and grandparents).

you=eu member

This is essentially what the EU says needs to happen.

1) You as the EU person needs to be in the EU country of choice; you can all go together with your non-eu family members as above.
2) The EU member should register with the local authority after 3 months, you cannot be asked to do so before this, but it might be a good idea to do so, for your non-eu family member.
3) The EU member if employed needs a passport and employment letter/certificate, if self-employed, passport and evidence of self-employment to obtain the residency card.
4) Within 3 months your non-eu family/s need to apply for a resident card at the local authority, this cannot take more than 6 months. Your non-eu family member needs to show the following:
1)passport
2)Proof of residency with the EU-member or Your EU-Member registration card
3)Proof they are your family member
4)For a partner, proof this is a committed real relationship.
No other documents can be requested

This process should be free or of a nominal amount not more than the cost of local identity papers a local would be charged for.

I cannot find out if the non-eu family member can now work. But considering this is for the Surrinder Singh route, that might not be so important.

I hope the above helps, its certainly cleared some aspects of this up for me. If anyone sees a mistake please let me know and i'll correct it.

uk_vette

.
Ref, your point 2)

This is one way, which is their "preferred way" however, you do not need to do it this way.
Instead of taking all your documents to get this, you can go directly to the Dutch/UK border, and present all this same documentation to the UKBA there.
The difficulty is some times, getting to "that" border, as air carriers will not allow your non EU wife to board, so she first needs a Schengen visa.
When you have both served your time, exercising YOUR treaty rights in any EU country of your choice (not your own) then present yourselves with all your documents to the UKBA at the, for example Dutch UKBA border agency.
The first words out of your mouth should be "I am exercising my EU treaty rights"
Then explain, reference the documents you hold, yours and her identification,

It may be prudent to learn and print off chapters

6, (Qualified person) http://www.legislation.gov.uk/uksi/2...ulation/6/made

and 7 (family member) http://www.legislation.gov.uk/uksi/2...ulation/7/made

and 11 (right of admission) http://www.legislation.gov.uk/uksi/2...lation/11/made

and 12 (issue of family permit) http://www.legislation.gov.uk/uksi/2...lation/12/made

If all go's well, and the UKBA are knowledgeable, and all your documentation is correct and complete, then they will stamp your wife's passport with a red A1 stamp.

Both together take the ferry to UK.

On arrival into UK, her should complete form EEA2 for UK residence documentation, there is no real need, but it does add further proof, should you both want to go for a short holiday in EU, then having the UK residence card, would provide to your wife, an easy re-entry back into Uk.

UKV

Perth

What about your initial arrival in the Netherlands? How does your wife enter the country?

uk_vette

.
Visit Schengen visa.

UKV

rebeccajo

A US citizen wouldn't require a Schengen visa for the Netherlands.

Perth

That's what I thought. In fact, I don't think USCs need a visa for any EU country. My question really referred to how you would state your intentions when you enter the country.

holly_1948

Visiting family is the most common reason. Visiting friends is very common enough too.

Perth

And if asked how long you are planning on staying?

holly_1948

Just examples of the kinds of things people say, your mileage may vary.
An artist would of course have good quality brushes in the luggage :-)

Perth

Thanks. It still seems too easy When the non-EUC comes to apply for a resident card, how does that then affect their status as far as how they initially entered?

WEBlue

The non-EU/EEA family member/spouse CAN work in the first EU country (not the UK) they reside together in for Surinder Singh. It is allowed, even though it isn't important or officially checked in any way. The important fact that IS checked and MUST be prove-able is the EU citizen's employment or self-employment. But the other (non-EEA) spouse can work also, if s/he can get a job in the EU country.

The thing that might prevent the non-EEA spouse from being able to find much work is the fact that employers may not understand or trust her/his immigration status in the EU country until the spouse has the EU Residence Card in hand (#4 on your list, Idollard), proving her/his status as a legal resident. S/he IS legally resident the whole time, but the RC proves it, so it's good for the non-EEA spouse to apply for this ASAP.

As we know from at least one post here, that RC can take months and months to arrive (it should arrive within 6 months of application), thus the non-EEA family member could find it difficult to get a job until the RC is in hand.

For proof that the non-EU spouse can indeed work in the EU country, here is a long thread on immigrationboards, especially page 3:
http://www.immigrationboards.com/viewtopic.php?p=706842

That does help! Nicely written up. Now we can refer other questions about Singh to this post on this thread.

I wonder if at some point we should have a BE Wiki on Singh?

uk_vette

.
Hi,

Thats right, USA doesn't need a Schengen visa, but almost any non-EU partner/wife would.
Read my links above, and it will become more clear.
You will probably have to read it several times, before you get the full intentions of "treaty rights" and how the UE citizen must live and work in any EU country, bar their own country.

How long you determine the length of your initial stay isn't really important.
"Your going touring" for a month.
Generally Schengen visas are issued for 6 months, and you may remain is any of the Schengen countries, for a total period not normaly more than 90 days.




UKV