Surinder Singh Retained right of residency.

[siobhan82]

Good evening forum.

I was wondering if anyone would be so kind as to assist me with a few of enquiries I have.

My apologies if this post seems lengthy.

I married Non Eea national (in Church of England ceremony.) in May 2008 (whilst he was illegally in the UK.)

August 2011: Travelled with then spouse from his country of origin (Egypt.) to The Netherlands.
September to December 2011: Worked 40 hours a week as a British National in The Netherlands.
End of December 2011: Returned via Calais with then spouse.

My then spouse received RC (Singh case) in September 2012.

I filed for divorce and my marriage to Non Eea was dissolved in September. (decree absolute dated 09/09/2015)

I am assisting ex spouse by completing The EEA FM application for him to receive new RC due to having retained his right of residence here in The UK.

There are a few points I'm really rather unclear on:

*There is a part of the form that asks which category the applicant is applying in.
Each category has a tick box, one is 'previously family member of an EEA national and have retained right of residence.' The other category is Surinder Singh, British National spouse who was employed in another EU member state. *Do I tick BOTH categories if it's a Singh retained right of residency case?

*Am I correct in answering 'yes' to the question of whether EEA former spouse of applicant has 'permanent residency.' British Citizen is regarded as having permanent residency?

*The final pages ask how long applicant has lived in The UK.
Do I include 2005-2011 when my spouse had no immigration status in The UK?
Or do I include only since we returned together from host member state in December 2011?
UK Marriage certificate was issued in May 2008 when we got married.

*Non Eea applicant is employed on a full time and permanent basis, are the payslips and bank statements from when divorce proceedings commenced until present, sufficient to prove this?

*For proof of living together for at least a year, I have gas bills in joint names spanning more than a year and only a few stray letters addressed to Non Eea ex husband and myself individually, *Would this be seen as insufficient?

*Employment contract/pay slips/bank statements/population registry for the period that I was employed as a British Citizen in The Netherlands were already submitted with Singh application for RC in 2012, do they need to be submitted again for Singh RRR?

*Am I correct in thinking that ECJ Eind applies here also?

Many Thanks for taking the time to read my post.
I welcome any information.
Thank You.

[siobhan82]

Good afternoon.

When applying for retained right of residence, (having been previously issued RC as a Surinder Singh case.)

Does section 18 of EEA FM form need to be completed?
It asks whether applicant or sponsor has received benefits and if so which ones.
It states that the section does not need to be completed if it's a Surinder Singh application.
But what if it is a retained Right of Residence Singh case?
Does it need to be completed then?

Many Thanks.






My other post.
http://www.immigrationboards.com/eea-ro ... 97910.html