Hello, I am a British citizen.My partner is non-EU, together for 4.5 years.I exercised my treaty rights with him in Spain for more than nine months. I was self-employed there. I have been out of Spain now for a year. I would like to return to the UK under Surinder Singh(+Banger). Does it matter that I am not returning to the UK immediately after exercising treaty rights? I remained a non-active partner in a small business whilst in Spain. Will the UK government say that I didn't transfer centre of life to host country?I didn't have a home in the UK. We rented in Spain. I have read that a returning British Citizen can be a jobseeker and doesn't need to return the UK at all. Could he apply for the residence card from abroad?Do we need a permanent home in UK ie rent in uk to apply? Thank you

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Public Answer: 

Dear Madam,

Many thanks for your Immigration enquiry.

In order to come to the UK under the Surinder Singh route you are required to have resided in an EEA State as a worker, self-employed person, self-sufficient person or a student, or so resided immediately before returning to the United Kingdom; or have acquired the right of permanent residence in an EEA State. As such, it may be best for you to consider applying for a Spouse Visa under the Immigration rules.

Our Immigration solicitors will contact you shortly.

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