So feel free to chat here about any thing related to the facts tread I posted yesterday in this section I will add links over there as I have time and as my research deepens. I think the interest from Brits is picking up as more and more are excluded under the new Rules
the eindt judgement posted in the (I hope sticky) is interesting for Brits (just bumping this discussion thread)
http://curia.europa.eu/juris/docume...=en&mode=req&dir=&occ=first&part=1&cid=735493 This page tells you about the Court of Justice of the European Union (ECJ) relating to British citizens who have exercised fee movement rights in another European Economic Area (EEA) member state and are returning to the UK with their direct family members. In the cases of O and S, the ECJ was asked to further consider the circumstances under which a family member can rely on rights under the free movement directive on the basis of the ECJ judgment in Surinder Singh. O (C-456/12) and S (C-457/12) In summary the judgments in O and S stated that: Surinder Singh rights can arise if an EEA national has genuinely resided in another member state and has, during that residence, created or strengthened family life with their family member. Surinder Singh rights cannot arise if the EEA national has only travelled to another member state for a short period, such as a weekend or holiday, even if multiple short periods were to be considered together. In the case of EEA nationals who live in their own member state but work in another, or who regularly travel to another member state in the course of their work, the court confirmed that member states can refuse applications from family members of such workers, except where a refusal would discourage the EEA national from effectively exercising his right to work in another member state. The court confirmed that the scope of EU law does not cover cases of abuse.
This means it is no longer a requisite to have been economically active in the host country you were lawfully resident in to return with your family as a Brit to the UK
I admire what you did, Keith. I could not follow the Surinder Singh immigration route you took as I had to get back to work in the UK asap to be able to afford the spousal visa. It is interesting to see that you and others have successfully brought your wives to the UK by this alternative route.
I think your response is reflected by the majority of us. That is, most doing a 9-5 scenario or some such employment that we are in some way tied to. Its that employment that we look to in order to bring our loved ones over. I'm guessing the surinder route is exercised by a small portion of the populas.
I just wonder if this still holds true or is this now out of date? I read that the COL is now becoming more tedious to prove and that meaningful employment is a must and that a minimum of 4-6 months are needed to really prove COL. If I am wrong please correct me Keith. I am trying to gather information together the to do the SS route through Malta. If you o anyone else can point me in the direction of up to date info or anyone who has experience of this in Malta I would be much obliged.
First join here this is a specific group for Malta https://www.facebook.com/groups/AnUndividedFamilyInMalta/ While the above statement I made is supported in European case law but the UK government as you will know has other prioritiies so a self employed/employed version is still the easiest version no one knows how long before we reach an impasse on this route so be prepared for a long haul
Hi Keith My Facebook user name is mtp photograhy If you could add me that would be great, I notice there is an application form to fill out to join that group. Im already a member of the Undivided family in Malta group
What if one is retired and on OAP, but manages to eek out a few months existence in another EU country (Ireland) by bunking down with relatives and eating out of bins ?
