Dear UK Border Agency,
I would like to know what instructions are given to caseworkers regarding applications made according to the Surinder Singh ruling. Specifically to the EEA sponsor being a UK national, and after having exercised treaty rights by working in a member state, then returning to live in the UK with the spouse (Non EEA national) and not exercising treaty rights in the UK.
To my understanding caseworkers received a notification of an amendment to Regulation 9 of the EEA Regulations on the 20th May 2010, which stated that the UK national who is the EEA sponsor has only to show evidence of exercising a treaty right before returning to the UK and does not need to show evidence of exercising treaty rights in the UK.
Please confirm that this information is correct as the caseworkers at the UK Border Agency that I have had correspondence with do not appear to have knowledge of this ruling, although the Immigration Inquiery Bureau do seem to be fully aware of this ruling themselves.
Dear Mrs. Richens,
Thank you for your email dated 20 August regarding the instructions given to caseworkers in dealing with applications made under regulation 9 of the Immigration (European Economic Area) Regulations 2006 ("the Regulations"). Your email has been treated as a routine enquiry and not under the Freedom of Information Act 2000.
I can confirm that guidance was issued to European casework teams on 19 May 2011 in European Operational Policy Notice 05/2011. This notice confirms that UK nationals who have exercised Treaty rights as a worker or self-employed person in another EEA member state are not required to exercise Treaty rights on their return to the UK in order to be treated as an EEA national for the purposes of regulation 9.
I trust that this response answers your enquiry satisfactorily.
European Operational Policy Team
UK Border Agency.