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Hello Board Members

I have a question on Surinder Singh retention of rights. Does this C-218/14 judgement applies on applicants who have received their EEA2 residence card under the Surinder Singh regulations.

If non eu spouse has been married to the British national for than 3 years and has lived in the UK for more than 1 year under Surinder Singh EEA 2 residence card and then if British national leaves the UK and files for divorce from outside the UK then can the non-eu national retain the right of residence or according to the C-218/14 judgement the non- eu national has to leave UK.

I know the British national does not has to be economically active while they come back to UK after exercising treaty rights in other EEA state so I think if they leave the UK, it will not affect the residence rights of the non- eu national but want to get senior board members opinion on it.

May help if you refresh peoples' memories ...

Ref http://curia.europa.eu/jcms/upload/docs ... 0085en.pdf

Jeet1234 wrote:Hello Board Members

I have a question on Surinder Singh retention of rights. Does this C-218/14 judgement applies on applicants who have received their EEA2 residence card under the Surinder Singh regulations.

If non eu spouse has been married to the British national for than 3 years and has lived in the UK for more than 1 year under Surinder Singh EEA 2 residence card and then if British national leaves the UK and files for divorce from outside the UK then can the non-eu national retain the right of residence or according to the C-218/14 judgement the non- eu national has to leave UK.

I know the British national does not has to be economically active while they come back to UK after exercising treaty rights in other EEA state so I think if they leave the UK, it will not affect the residence rights of the non- eu national but want to get senior board members opinion on it.

Note C-218/14 judgement applies to a sponsor living in a state other than their home country.
For a SS returnee that is not the case.

Eind says the returnee does not need to exercise treaty rights but for a valid right of residence you still need an EEA national sponsor in country (unless you have acquired PR).

Your best bet is probably to shoot for ROR asap.

Where were you married, why is divorce being filed abroad? That may be problematic for a successful ROR story.

Thanks for your prompt reply. I was married in Bangladesh and my spouse has left UK 1 month ago and might file divorce from there but not sure.

So according to you I won't be able to ROR as spouse is not in UK although spouse does not has to be qualified person for me to stay in UK.

Jeet1234 wrote:Thanks for your prompt reply. I was married in Bangladesh and my spouse has left UK 1 month ago and might file divorce from there but not sure.

So according to you I won't be able to ROR as spouse is not in UK although spouse does not has to be qualified person for me to stay in UK.

Not entirely sure but I suspect that may be the case.
You will need to dig into the best location for filing a divorce in terms of applying for ROR; I suspect it would be UK.

Thanks Noajthan

I have been searching a lot about it and called home office about it as well.

First time they told me in surinder Singh case , it does not matter it spouse leaves UK as they not required to be a qualified person anyway so I can apply for ROR but then I called again to double check and this lady told me she is not sure and I should leek legal advise.

This is why I thought I will ask senior members here as you might have heard any such cases on this board.

The advise given on the phone is inaccurate.

Surinder Singh person will not be required to be a qualified person, but your right to be in the UK derives from their physical presence in the UK, and if they cease from residing in the UK or they leave the UK and pursued a divorce after they had left, then you will have difficulty securing a Retained right of residence.

Thanks your reply Obie

So is it possible if non eu spouse can start the divorce proceedings in UK before British spouse leaves UK or only eea spouse are allowed to start the divorce proceedings?

Does the British spouse has to be in UK during the divorce proceedings and up till decree absolute or they just need to be here when non eu start the divorce proceedings?

Hello Board members.

Can somebody please suggest on my previous post?

Hello

Any suggestions please?

Either party can initiate divorce proceeding, provided it is done when both are present in the UK, and after 3 years of marriage.

Thanks Obie