Tell me more about the Surrinder Singh process please?
Aug 30th 2013, 9:12 am
#106
Under blue skies
Joined: Mar 2011
Location: East Anglia->New England
Posts: 3,624
Re: Tell me more about the Surrinder Singh process please?
Yes, your non-EEA wife MUST live with you in Ireland for the Singh Route to work!
No, this will not work!
As far as I know, your wife must reside with you in Ireland (and be able to prove this). UKBA says this here; look under "EUN2.14 Can family members of British citizens qualify for an EEA family permit? 'Surinder Singh' cases":
http://www.ukba.homeoffice.gov.uk/po...eun2/#header14
http://www.ukba.homeoffice.gov.uk/po...eun2/#header14
*If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or must have entered into the marriage or civil partnership and have been living together in the relevant EEA country before the British citizen returned to the UK.
Sep 3rd 2013, 4:00 pm
#107
Just Joined
Joined: Jun 2013
Posts: 17
Re: Tell me more about the Surrinder Singh process please?
Thanks web blue as they say "I get it now".......Kisuma
Just out of curiosity does anyone know what this ............Immigration black list of 44 countries is..........And what are the countries ...............
Just out of curiosity does anyone know what this ............Immigration black list of 44 countries is..........And what are the countries ...............
Sep 3rd 2013, 4:00 pm
#108
Just Joined
Joined: Jun 2013
Posts: 17
Re: Tell me more about the Surrinder Singh process please?
Thanks web blue as they say "I get it now".......Kisuma
Just out of curiosity does anyone know what this ............Immigration black list of 44 countries is..........And what are the countries ...............
Just out of curiosity does anyone know what this ............Immigration black list of 44 countries is..........And what are the countries ...............
Sep 27th 2013, 9:50 am
#109
Just Joined
Joined: Sep 2013
Posts: 5
Re: Tell me more about the Surrinder Singh process please?
I completely agree! And the fact that they buried this rather explosive bit of wording -- "other than on a casual or transient basis" --is inside parentheses in an obscure part of the Internal Guidance that is not easy for the public to find is IMO very sneaky and completely wrong.
How does one interperet "casual or transient" work anyway?? It's totally subjective!
Exactly. Even if someone who was denied on the grounds that their worrk in the EEA country was too "casual & transient" possibly could win a subsequent court case (and also get that parethetical phrase removed from the Guidance?) no one trying to move back home to the UK with a non-EEA spouse wants to have to go through all that.
Yes, agreed. I think anyone going the SS Route should print out that next-to-last paragraph of EUN2.14 on that link
( http://www.ukba.homeoffice.gov.uk/po...eun2/#header14 ) in bold lettering to make sure they can show it to an IO if necessary.
How does one interperet "casual or transient" work anyway?? It's totally subjective!
Exactly. Even if someone who was denied on the grounds that their worrk in the EEA country was too "casual & transient" possibly could win a subsequent court case (and also get that parethetical phrase removed from the Guidance?) no one trying to move back home to the UK with a non-EEA spouse wants to have to go through all that.
Yes, agreed. I think anyone going the SS Route should print out that next-to-last paragraph of EUN2.14 on that link
( http://www.ukba.homeoffice.gov.uk/po...eun2/#header14 ) in bold lettering to make sure they can show it to an IO if necessary.
" Because EEA nationals have an initial three months right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. Therefore, an EEA family permit can be issued to the non-EEA national family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident.
The ECO should seek advice from ECCCAT where unsure about the decision to be taken in applying the Surinder Singh judgment.
There is no requirement ever for the British Citizen to become a qualified person under this route under ECJ Eindt 2010 it only matters what was done outside of the UK to establish exersising treaty rights ,apon return to the UK the Brit does not have to be economicaly active
