They have been married since 2014 and the sponsor is British. They lived together in Spain for the last 8 months and have known each other since living as minors in Spain. The sponsor is British but lived in Spain for her minor years from the age of 6 and has also lived in Chile with her husband. They lived in Spain and she worked there more recently for 8 months. She can prove she was employed and she has a joint bank account with her husband.
They have no children but have her family to help prove she lived in Spain. The school that her husband went to was right in front of her school which is where they met.
A non EEA national applicant may be eligible to apply under the ECJ case of ‘Surinder Singh’ (for a residence card) if their British family member exercised a treaty right in another member state with the non –EEA national spouse/family member for a period of 6 months, although this time may vary depending on circumstances.
I suggest we get the evidence of her going to school there and the usual evidence of her working in Spain and now working in the UK with Next retail. There was good evidence to show that they transferred the centre of their lives to another EU member state. We had to explore that option.
Whilst abroad the EEA national must be working, self-sufficient or a student and transfer the centre of their lives to the member state. Self-employment is accepted as long as the EEA/British national is suitably registered as self-employed paying the appropriate national insurance and tax. There also may be a requirement to have comprehensive sickness insurance if self-sufficient or a student.
We made a Surrinder Singh application for our client and it was approved.