Surinder Singh Route

[logical_1]

Hello everyone,
I just needed an advice on the following matter.
Me(Non-Eu) national , and my wife who is a (British-Citizen),living in China, are planing to go to France as my wife has a job offer in Paris. We have decided to use Surinder Singh route after a few months of work in France in order to get in to U.K and to avoid the stupid July changes for spouses.
Once in U.K, i will be applying for EEA 2 , and hopefully if granted me and my wife would return back to China to complete my studies,degree. It would take atleast another 1.5 years from September next year to finish my course.
My question is as i will be absent from U.K for a period of more than one year, is it going to be a problem for me to apply for PR in future.
Also is it worth applying through Surinder Singh route, if U.K leaves EU in future?
Any help from members would be highly appreciated.
Thanks

[Jambo]

Absences so long would break the residency and the count for PR. however, to qualify for Surinder Singh, there is no requirement you move back to the UK immediately after working in another member state. You can move to France, work there, move back to China for 18 months and then move back to the UK based on Surinder Singh. Just make sure you keep evidence of work and residence (of both of you) in France.

See also http://www.bailii.org/uk/cases/UKUT/IAC ... rocco.html

[Directive/2004/38/EC]

You may find you really enjoy being in Paris and want to stay!

Also note that the only thing that is relevant (for the purpose of free movement law) is that the EU citizen is working. The family member does not have to do anything specific other than be a family member.

[logical_1]

First of all loads of thanks for the reply * Jumbo and Guru *
However Jambo as u said to move back to China after working for a few months in France, do u think Surinder Singh route would still be open in another 1.5 years??
Also i was removed from U.K previously because of over staying on my visa,do u think this would have any affect on future applications?

[Directive/2004/38/EC]

First of all loads of thanks for the reply * Jumbo and Guru *
However Jambo as u said to move back to China after working for a few months in France, do u think Surinder Singh route would still be open in another 1.5 years??
Also i was removed from U.K previously because of over staying on my visa,do u think this would have any affect on future applications?

I have never seen any reason to think that your Surinder Singh rights stop after a certain period of time. You can easily argue that once you have them, you are and remain covered by EU free movement law.

Overstaying previously is not in itself a reason to exclude you. But if you were a serial murderer and look like you will continue to be/do so, then you are very likely to be excluded!

[Jambo]

First of all loads of thanks for the reply * Jumbo and Guru *
However Jambo as u said to move back to China after working for a few months in France, do u think Surinder Singh route would still be open in another 1.5 years??
Also i was removed from U.K previously because of over staying on my visa,do u think this would have any affect on future applications?

The original Surinder Singh ruling was in 1992, I don't think it will disappear soon...

[logical_1]

First of all loads of thanks for the reply * Jumbo and Guru *
However Jambo as u said to move back to China after working for a few months in France, do u think Surinder Singh route would still be open in another 1.5 years??
Also i was removed from U.K previously because of over staying on my visa,do u think this would have any affect on future applications?

I have never seen any reason to think that your Surinder Singh rights stop after a certain period of time. You can easily argue that once you have them, you are and remain covered by EU free movement law.

Overstaying previously is not in itself a reason to exclude you. But if you were a serial murderer and look like you will continue to be/do so, then you are very likely to be excluded!

What i meant was Surinder Singh route getting closed completely in future not the derivatoin of rights after a certain period of time.