Desperate help needed- surrinder singh
#16
Forum Regular
Joined: Jan 2013
Posts: 185
Re: Desperate help needed- surrinder singh
Hi Angela, thank you for this much more readable summary.
It does confirm what I already understood.
However, do we have any examples of durable relationships that passed using Singh ?
The UK do not play ball , Singh took them to court because the UK were not respecting this legislation and won. Home office guidance within the EEA Permit rules has a special section for Singh and UK nationals , which states that cases similar to Singh will be admitted, it is different to the rest of the site quoting only married couples and civil partnerships, the rest of the EEA permit site allows durable partnerships, only the UK section does not mention this, that is why I am trying to find somebody who succeeded with a durable partner and until now I cant find one single example.... and I am panicking yes.
It does confirm what I already understood.
However, do we have any examples of durable relationships that passed using Singh ?
The UK do not play ball , Singh took them to court because the UK were not respecting this legislation and won. Home office guidance within the EEA Permit rules has a special section for Singh and UK nationals , which states that cases similar to Singh will be admitted, it is different to the rest of the site quoting only married couples and civil partnerships, the rest of the EEA permit site allows durable partnerships, only the UK section does not mention this, that is why I am trying to find somebody who succeeded with a durable partner and until now I cant find one single example.... and I am panicking yes.
#17
Forum Regular
Joined: Jan 2013
Posts: 185
Re: Desperate help needed- surrinder singh
The following has been copied over from the Home office RIGHTS OF NON-EEA NATIONAL FAMILY MEMBERS OF EUROPEAN ECONOMIC AREA (EEA) NATIONALS:
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary
²EC law now recognises “durable relationships”. For this reason an applicant may also be considered under regulation 8 if s/he:
Is the EEA national‟s partner (other than a civil partner) and can show the decision maker that s/he is in a durable relationship with the EEA national.
For guidance on how to assess if a relationship is durable, see Chapter 5 of the ECIs..
Directive 2004/38 refers to facilitating the entry and residence of any member of the family who meets any of the above conditions. Providing that a person falls within one of these categories, we may issue a residence card if in all the circumstances it appears appropriate to do so. The Directive states:
“The host Member State shall undertake an extensive examination of the personal circumstances and shall justify any denial of entry or residence to these people”
When deciding whether it is appropriate in all the circumstances to issue a residence card, we must assess whether refusing the family member would deter the EEA national from exercising his/her Treaty rights or would create an effective obstacle to exercise of Treaty rights. Each case must be assessed on an individual basis but an example of where it might be appropriate to issue a residence card would be if the family member was very elderly or incapacitated. In assessing such cases, it would be important to consider whether there were any relatives to care for him/her in the home country.
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary
²EC law now recognises “durable relationships”. For this reason an applicant may also be considered under regulation 8 if s/he:
Is the EEA national‟s partner (other than a civil partner) and can show the decision maker that s/he is in a durable relationship with the EEA national.
For guidance on how to assess if a relationship is durable, see Chapter 5 of the ECIs..
Directive 2004/38 refers to facilitating the entry and residence of any member of the family who meets any of the above conditions. Providing that a person falls within one of these categories, we may issue a residence card if in all the circumstances it appears appropriate to do so. The Directive states:
“The host Member State shall undertake an extensive examination of the personal circumstances and shall justify any denial of entry or residence to these people”
When deciding whether it is appropriate in all the circumstances to issue a residence card, we must assess whether refusing the family member would deter the EEA national from exercising his/her Treaty rights or would create an effective obstacle to exercise of Treaty rights. Each case must be assessed on an individual basis but an example of where it might be appropriate to issue a residence card would be if the family member was very elderly or incapacitated. In assessing such cases, it would be important to consider whether there were any relatives to care for him/her in the home country.
#18
Forum Regular
Joined: Jan 2013
Posts: 185
Re: Desperate help needed- surrinder singh
I thought I should update for the purposes of accurate information. Nigel received a mail from the Home Office to state that he cannot use the Surinder Singh route as a durable couple.
As I understand it, a durable partner is classed as extended family under regulation 8, persons under regulation 8 do not have an automatic right to residency in the UK.
I am told that a number of couples have gone down this route. However, as with a lot of advice in forums, it is often circumstantial.
Someone who was just about to embark on this route has contacted Solvit to query this rule.
I will update when she has received a reply.
As I understand it, a durable partner is classed as extended family under regulation 8, persons under regulation 8 do not have an automatic right to residency in the UK.
I am told that a number of couples have gone down this route. However, as with a lot of advice in forums, it is often circumstantial.
Someone who was just about to embark on this route has contacted Solvit to query this rule.
I will update when she has received a reply.
#19
Just Joined
Joined: Sep 2013
Posts: 7
Re: Desperate help needed- surrinder singh
Hi, new to the thread. I've been living here in Crete for just over 2 months now, came here at the end of July to live with my Russian wife. Spending a lot of time just writing, that's my main thing. Registered with Tax Authorities but as tax year Jan-Jan, haven't paid any yet..good as no income yet.
Applied for a visa to UK for my wife to accompany me to my parent's Diamond Wedding ceremony in October...UKBA refused! Maybe this is a way of actually getting her in!
I've already got the flight tickets, if I get evidence about bills etc, would there be any chance?
anyone...advice, please
Applied for a visa to UK for my wife to accompany me to my parent's Diamond Wedding ceremony in October...UKBA refused! Maybe this is a way of actually getting her in!
I've already got the flight tickets, if I get evidence about bills etc, would there be any chance?
anyone...advice, please
#20
BE Enthusiast
Joined: Aug 2008
Location: Falmouth, Cornwall
Posts: 432
Re: Desperate help needed- surrinder singh
Ian you should start a new thread for maximum exposure to your issue. Cheers.
#21
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: Desperate help needed- surrinder singh
Hi, new to the thread. I've been living here in Crete for just over 2 months now, came here at the end of July to live with my Russian wife. Spending a lot of time just writing, that's my main thing. Registered with Tax Authorities but as tax year Jan-Jan, haven't paid any yet..good as no income yet.
Applied for a visa to UK for my wife to accompany me to my parent's Diamond Wedding ceremony in October...UKBA refused! Maybe this is a way of actually getting her in!
I've already got the flight tickets, if I get evidence about bills etc, would there be any chance?
anyone...advice, please
Applied for a visa to UK for my wife to accompany me to my parent's Diamond Wedding ceremony in October...UKBA refused! Maybe this is a way of actually getting her in!
I've already got the flight tickets, if I get evidence about bills etc, would there be any chance?
anyone...advice, please