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Complications with Surinder Singh And Closing Timeline...

Complications with Surinder Singh And Closing Timeline...

Old Oct 31st 2018, 9:47 pm
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Default Complications with Surinder Singh And Closing Timeline...

I need some advice once again.
I am a British Citizen (by descent only - was born outside the UK while parents were on holiday), with an American husband (of almost 6 years) and 3 American children.
I have been trying to get us back to Scotland permanently since the beginning of this year (ailing father and grandmother that we are trying to get back to care for).
In early August, knowing that the Surinder Singh route was rapidly closing (and not meeting the income requirements for a spousal visa, and being vehemently opposed to spending 6+ months separated from my husband and 3 children, 1 of whom has special needs), I moved my family to France to try our hand at the SS route.
Unfortunately, our landlord refuses to offer us any documentation substantial enough to satisfy French administration and authorities of our proof of address (we rented a furnished cottage which is essentially like an airbnb or homeaway type place and while she has not stated as much, I suspect her concern may lie in her tax implications here in France if she were to provide documentation of our arrangement), and we are subsequently unable to register for even as much as a library card, never mind a French residency permit. I know that it is possible to be granted an EEA Family permit without a French residency permit, but I also know how important it is to prove centre of life, which aside from my part time cashier job, we are really not very well inclined to do.
There seems to be miles and miles of bureaucratic red tape every where we turn, and I'm really very concerned we won't be able to achieve approval of our EEA family permit via the SS route prior to brexit in March.
My question is this...
Should we continue on here in France, perhaps find somewhere else to live with a landlord willing to provide attestation d'hébergement (keep in mind we still cannot rent a flat or anything here as we must have proof of address before they will consider us for even a gym membership, nevermind an apartment rental, so we'd be going from one furnished private let to another) and cross our fingers that we'll maneuvre around all the red tape and language barriers and be able to "sign up" for enough involvement over the next few months to qualify us next year,
OR
Should we give up on France and head to the Republic of Ireland (where I should mention both my husband and myself have standing open job offers in more reputable positions), where we know the clock will start over again, leaving us less than 5 months to centre ourselves, but at least we won't be plagued by the language barriers (I speak minimal conversationalist French, while my husband can say "bonjour.") We could leave as early as this weekend, if others believe that it's possible.
For those that are in the know or who have taken the Ireland route themselves, is it "easier" to obtain the residency permit there? Would we be able to do a private furnished let there and obtain proof of address? I know it would be easier to prove centre of life, as I could enroll our children in school there (1 is a toddler, 1 is special needs and home-schooled and the 3rd is also home-schooled because there were no FSOL classes available to them and they were struggling severely), and we could join clubs and activities groups as a family, and transportation would be easier (I have a car in Scotland that we could bring down....we weren't permitted to bring it to France because we couldn't register it without proof of address), I just don't know if it is too late to start down a new SS Path with Brexit less than 150 days away.
Do we abandon ship or tough out the storm?
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Old Nov 1st 2018, 1:20 am
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Default Re: Complications with Surinder Singh And Closing Timeline...

Before I even got to the latter post of your post I was thinking “Why didn’t you move to Ireland?” It would be a no brainer as far as I am concerned particularly knowing French bureaucracy. Brexit is in March but if the transition period goes ahead you have until at least December 2020. Also British citizens have rights in Ireland that other EU citizens do not so you won’t be left high and dry in the event of a ‘hard’ Brexit.

From your previous posts you mentioned £95,000 tied up in property and a business. Has that now been liquidated? Did you make a decision regarding registering your children as British citizens?
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Old Nov 1st 2018, 1:40 am
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Default Re: Complications with Surinder Singh And Closing Timeline...

I thought I was being clever. I lived in France briefly as teenager and it was an adventure then...so I foolishly assumed it would be again. I also felt that from some of the research I'd done that a France relocation would be less scrutinized than an Ireland one (when ultimately applying for the EEA family permit) , since presumably a majority of English speaking SSers are going through Ireland.

So yes, you would recommend jumping ship and relocating to Ireland, were you in our position?

My children are technically eligible for citizenship, but each immigration attorney I've spoken to recommended abstaining from filing a request for citizenship for them at this time as I'm unable to produce sufficient evidence of any 3 year consecutive period of my residence in thé U.K.

Our house in the U.S. is up for sale at the moment, and while we've had several offers, at the current fluctuating exchange rates, according to our listing agent, the net profits from the sale at the offers we've seen this far are estimated to land us right at the precipice of the required funds, give or take £5,000, making it too close to rely on for the spousal visa since we'd need to cover my husband and all 3 children.
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Old Nov 1st 2018, 1:48 am
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Default Re: Complications with Surinder Singh And Closing Timeline...

It’s better to register your children after three years in the UK anyway.

Personally I would hang fire until the house sale goes through. Should the funds be sufficient to cover the financial requirements for your husband and all three children then I would just go ahead with that directly from France. If not then go ahead with the move to Ireland. From there you can raise the additional funds required and park them for six months with the rest of the money. Give the SS route a go first and if doesn’t work then you know you have the necessary funds to fall back if needs be.
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Old Nov 1st 2018, 2:25 am
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Default Re: Complications with Surinder Singh And Closing Timeline...

Thank you so much for all your wisdom and advice, @BritInParis
Thank you for all the time you put into helping all of us each day!
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Old Nov 1st 2018, 2:30 am
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Default Re: Complications with Surinder Singh And Closing Timeline...

Originally Posted by Ladymetis View Post
Thank you so much for all your wisdom and advice, @BritInParis
Thank you for all the time you put into helping all of us each day!
You’re more than welcome.
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Old Nov 1st 2018, 7:15 am
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Default Re: Complications with Surinder Singh And Closing Timeline...

Originally Posted by Ladymetis View Post
Thank you so much for all your wisdom and advice, @BritInParis
Thank you for all the time you put into helping all of us each day!
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Old Nov 3rd 2018, 12:58 am
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Default Re: Complications with Surinder Singh And Closing Timeline...

Originally Posted by spouse of scouse View Post
+1
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