I am a British citizen.My partner is non-EU, together for 4.5 years.I exercised my treaty rights with him in Spain for more than nine months. I was self-employed there. I have been out of Spain now for a year. I would like to return to the UK under Surinder Singh(+Banger). Does it matter that I am not returning to the UK immediately after exercising treaty rights? I remained a non-active partner in a small business whilst in Spain. Will the UK government say that I didn't transfer centre of life to host country?I didn't have a home in the UK. We rented in Spain. I have read that a returning British Citizen can be a jobseeker and doesn't need to return the UK at all. Could he apply for the residence card from abroad?Do we need a permanent home in UK ie rent in uk to apply? Thank you
Areas of Expertise:
Many thanks for your Immigration enquiry.
In order to come to the UK under the Surinder Singh route you are required to have resided in an EEA State as a worker, self-employed person, self-sufficient person or a student, or so resided immediately before returning to the United Kingdom; or have acquired the right of permanent residence in an EEA State. As such, it may be best for you to consider applying for a spouse visa under the immigration rules.
Our immigration solicitors will contact you shortly.
Posted on Tuesday, 24 July, 2018