So this is our experience: We moved to Greece as my husband had an employment contract.

The contract went south rather quickly, so we planned our escape, so to speak. After he had been there for three months (I was there for two as I joined him after a month),we gathered our documentation and headed for England. We did not apply for entry clearance prior to arrival. As I am American, I did not need to apply for an entry visa ahead of time. Additionally, I still had a valid multi-entry visit visa in my passport, as I entered the UK in March and received a multi entry visa at that time. When we arrived at Gatwick, we entered the non EU line. I approached the ECO and said we were not sure which line to go through, as he is British and I am American and we are asking for the family permit visa and were executing Surinder Singh. We were asked if we had already applied for the visa. We said no. The supervisor standing behind the ECO (very belligerently) told us we could not do that there, they dont handle that there. I kept repeating yes you do, I have the law, and your UKBA policies on the matter printed out for you if you like He did not let me finish and repeatedly, aggressively cut me off whilst speaking. As he walked away, I (politely) stated to the ECO: If that man is going to continue dealing with us in such an aggressive manner and does not allow us to present our evidence, we are going to have to deal with someone else. Im certain that nobody here wants to violate EU law. He issued a detention slip to me and put is both in a holding box. He returned shortly and asked me for our evidence. I provided him with: 1. a certified copy of our marriage certificate, 2. my husbands greek residency card (translated, certified), 3. my husbands greek social security number (translated, certified), 4. our joint tax file (translated, certified), 5. my greek social security number (translated, certified), 6. my husbands employment contract (original), 7. three payslips, 8. employment/living arrangement verification, 9. bank book (joint account in both names) The supervisor then returned and told me we arent the first ones to do this, that his colleague said I asked for a 3 year residency permit (theres actually no such thing! Lol) and that they dont issue the residency cards there, to which I replied: Yes, I know. You issue the 1A permit for entry clearance and I apply for residency from within the UK. He said: Youre obviously well read, but theres no need to be so smug. This

really made my husband angry and he told the guy so. Anyway, the supervisor said: Well deal with you accordingly and the ECO returned to call me to a new window and placed the 1A stamp in my passport. It is good for 3 months. This took a total of 25 minutes from arrival at the first window to the stamp in my passport. Now I apply for the residency card. I may have used the term Surinder Singh at various times throughout the conversation when appropriate. Obviously, I didnt reconstruct the entire conversation word-for-word, but my advice is to say Surinder Singh as many times as you can. List of Documents we had with us: Pertaining to Identity: His Passport His Greek Permanent Residency Card Translated into English by a certified translator My Passport Pertaining to our being married: Certified copy of our Marriage certificate I made a faux paux and accidentally packed our original marriage certificates in a box being shipped home. Thankfully, I had a solicitor endorsed certified translated copy of our marriage certificate and that seems to have been enough in our case. For my residency card application, I will include an original copy of our marriage certificate, however. Greek tax number documents translated into English by a certified translator In Greece, the husbands tax number is attached to the wifes. We each had our own tax numbers issued, and then they also issued a connected tax number that showed us as married relations. Photographs from our wedding We printed some on photo paper (quite expensive) and some we printed out in black and white on A4 paper. Pertaining to his employment: Employment contract signed and dated Payslips 3 in total -including dates of non-paid training, as it is stated in UKBA regs/policy 6.2.1: Workers includes: those undergoing training in their own or another field. See document Who is deemed a worker under EU law? Letter of verification of employment The application for my residency card says that it should be on letterhead from the company EEA national works for. In Greece, things are done very backwards, so I ended up typing up our own letter and having the guy who hired my husband read it and sign it. The contents of the letter

verified his employment in general, the schedule/amount of hours DH worked, the fact that he provided accommodation for both of us as stated in the employment contract and verification that we in fact lived together there. Pertaining to my being with him/our living together in Greece whilst he worked: Our connected tax number Translated into English by a certified translator His Greek social security number Translated into English by a certified translator My Greek social security number Translated into English by a certified translator (note: our social security numbers were issued on the exact same day, so in my opinion, there is an argument that it is proof that goes to our being there together) Our joint bank account bank book We did not have this translated, as the cover of the book has the name of the bank in English, the name page of the book is also in English and the deposits/withdrawal page has only numbers (date, time, amount in/out). LEGAL/POLICY Documents printed out: (note: these are the laws/policies etc that I felt were applicable to us, due to various circumstances in our situation. Some are more general than others, some more specific. If you would like my help looking up/sorting out information that COULD be applicable to your specific scenario, I am happy to help. PLEASE UNDERSTAND THAT I AM NOT AN ATTORNEY OR IMMIGRATION PROFESSIONAL, AND IF YOU ASK FOR MY HELP, IT WILL BE ONLY AS A FRIEND HELPING A FRIEND!!! 1. UKBA European Economic Area (EEA) family permits http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/mod ernised/07-eea-swiss-ec/eea/eea-family-permits?view=Binary a. Relevant Pages: i. Page 5 (Who can apply?) 1. EEA family permits can be issued to non EEA family members of a British national who has lived and worked in another EEA member state and is now returning to live in the UK. ii. Page 6 (Who can issue family permits?) Although it is preferable they obtain one (family permit: clarification added) pre-entry to make possible their travel, an EEA family permit is not mandatory. Regulation 11(4) of the Immigration (EEA) Regulations 2006 allows a person to provide other proof of their right to enter the UK, if they do not have an EEA family permit, residence card or permanent residence card.

2. UKBA European Economic Area (EEA) and Swiss Nationals: Free Movement Rights: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/mod ernised/07-eea-swiss-ec/eea/eea-swiss?view=Binary a. Relevant Pages: i. Page 35 What constitutes employment? 1. Part time work counts as employment for EEA nationals seeking to exercise free movement rights providing the work is genuine and gives effective means of a person earning a living, even if this is added to by public funds. ii. Page 36 Non-EEA family members of EEA nationals and lawful residence prior to lawful residence in a member state. 1. The right of residence of a non-EEA national family member of an EEA national exercising free movement rights in a host member state did not depend on the family members previous immigration status. The right to live in an EEA member state is given by European Community law and is not dependent on domestic law of the host member state. iii. Page 37 The rigt of residence of non-EEA family members of British nationals who have previously exercised free movement rights as a worker or self employed person in another member state. (too much to type here!) 3. UKBA EUN 02 EEA Family Permits http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/eun/eun2/ a. Relevant parts: i. EUN 2.14 Can Family members of British citizens qualify for an EEA family permit? (Surinder Singh Case) 1. many relevant parts, but ESPECIALLY: a. It does not matter if the only reason the British national went to another Member State was to exercise an economic Treaty rights was so that he/she could come back to the UK with his/her family members under EC law. 4. Who is deemed a worker under EU law? http://eumovement.wordpress.com/2011/12/23/who-is-a-worker/ a. Relevant parts: i. When is a Union citizen deemed to be a worker under EU law? 1. ..It is therefore normally a condition that the relevant employment was for at least 10-12 hours a week 2. ..ruled in Franca Ninni Orasche (C-413/01) that a fixed term contract of employment for ten weeks was sufficient to be a worker under EU law. 5. Surinder Singh Judgment a. Printed out only the last page: Operative Part

i. ..require a Member State to grant leave to enter and reside in its territory to the spouse, of whatever nationality, of a national of that State who has gone, with that spouse to another Member State in order to work there as an employed person.. 6. European Court Case 62005CJ0291 (Eind) a. Printed out only the last page: Operative part i. When a worker returns to the Member State of which he is a national.a third-country national who is a member of his family has a right..to reside in the Member Stateof which the worker is a national, even where that worker does not carry on any effective and genuine economic activities. 7. Border Officials cannot require answers to immaterial questions http://eumovement.wordpress.com/2012/11/08/border-officials-sillyquestions/ a. Relevant parts: i. .EU citizens are not required to answer border officials questions about the purpose and duration of their journey.If it is prohibited to require of the EU citizen, then border officials cannot bypass that prohibition by simply requiring that same information instead from their accompanying non-EU spouse. ii. Refusal to answer such non-material questions cannot justify curtailing the applicants right of free movement. iii. is clear what is required for entry of the family member who does not have a required visa is two things: proof of their family relationship.to the EU citizen and proof of their identity