James13

Thank you Angela.

Newpin, thank you also for your wishes, most appreciated.

I will keep you updated.

AngelaV

Hot off the press:

Freedom of Information request to Home Office
- Centre of life guidance for Surinder Singh

https://www.whatdotheyknow.com/reque...Singh.pdf.html

https://www.whatdotheyknow.com/reque...acted.pdf.html

not2old

no longer a quick easy move to Ireland or another EU country for those currently living in the UK.

As usual (McCarthy case) the government closed the loophole for now

http://www.emn.ie/index.jsp?p=100&n=105&a=146

http://britishexpats.com/mediawiki/i...50&oldid=10545

Surinder Singh
Revised position

The normal consideration process will not change, so the British citizen
must still have been exercising Treaty rights, as either an employed or
self-employed person, in another EEA member state.

However, the amendment to the EEA regulations includes regulation
9(2)(c), which imposes a duty on the British citizen to prove that they had
transferred the centre of their life to the EEA member state in which
they were exercising Treaty rights.

WEBlue

This is valuable stuff, & probably should be required reading for all folks planning to use the Singh Route.

I found this section from the second link extremely interesting:

AngelaV

There has been a few people still getting family permits, applying after 1 January thankfully. Looks like the key words for ss now is "genuine, effective and integration".

AngelaV

WEBlue, it's getting ridiculous isn't it? An American lady in the group was refused this week, her refusal reason was they felt she had not exercised her EU treaty rights in an EU state "for a qualifying quantifying period". This is going to take some appeals to rectify it. bizarre that in the same document they state that there is no minimum time period but then go on to "hint" at 2 years. It makes you wonder if they are trying to move towards interpreting ECJ Case C-370/90 more literally as Surinder Singh himself was self-employed in another member state for 2 years?

The person who was refused, contacted Your Europe Advice, this is their response:


Dear Sir/Madam,

Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.

Thank you for your enquiry.

I have read the details of your enquiry.

I wish to refer you to the European Court decision in the case of Surinder Singh. In this case the Court ruled that where a national of a Member State goes with his/her non-EU national spouse to another Member State to exercise an economic Treaty right, on return to his/her own Member State the non-EU national spouse is entitled to join the EU national under EC law.

Under regulation 9 of the 2006 Regulations (the Surinder Singh case has been given effect in UK law by regulation 9 of the immigration (European Economic Area) Reguations 2006), the family members of a British national returning to the UK will be treated as if they were the family members of an EU national under the following conditions:

After leaving the United Kingdom, the British national resided in an EU state and –

- Was employed there (other than on a transient or casual basis); or
- Established him/herself there as a self-employed person; and

- If the family member is his/her spouse, the marriage took place, and the parties lived together in an EU state, before the British national returned to the United Kingdom.

I wish to inform you that there is no fixed duration for which a person qualifies as exercising EU Treaty Rights based on them having worked in another EU Member State.

This is an essential point and it depends on the facts of each individual case. What is important is that the work performed was not transient or casual.

Therefore, as long as the above conditions have been complied with you should be eligible under the Surinder Singh route.

I hope the above information is of assistance, and if you wish to have further information, you may wish to contact the UK Border Agency:

http://www.ukba.homeoffice.gov.uk/eu...family-permit/

or the British Embassy in Ireland:

https://www.gov.uk/government/world/...embassy-dublin

Once again, I hope the above information is of assistance.

Your Europe Advice

chaoclive

Silly question...but UKBA can't do anything to require other EEA nationals (i.e. non-British) to show that they 'plan' to move the centre of their lives to the UK can they?

WEBlue

This would be a huge change!

Hmm, it would be interesting to see the range of "qualifying quantifying periods" that will actually be approved.

OK then! So this is still the advice being given. Not so helpful.

WEBlue

These change in the Surinder Singh guidelines seem to be separate from the general EU-wide exercise of Free Movement rights. If one is not British, I don't think any of this (nit-picking) applies.

However, I could be wrong. I'll be happy for others more knowledgeable to correct me if necessary.

mriksman

Wow, what an incredible read! I must thank Angela on this; far too often I have read posts from people and never seen an outcome/follow-up.

My question;
To use the Surinder Singh method of entry, you would apply for an EEA Family Permit. As my unmarried partner is a British citizen I noticed the following stipulation, clearly aimed at the Surinder Singh case;
* the British citizen has been living in an EEA member state as a worker or self-employed person; and
* the family member, if they are the British citizen's spouse or civil partner, has been living together with the British citizen in the EEA country.

What about if we are unmarried? If they refuse to issue the EEA Family Permit on these grounds, wouldn't they be restricting my British partners ability to freely move within the EEA and thus be in breach of EU law?

AngelaV

Hi mriksman, unfortunately durable partners are not covered under the Surinder Singh ruling as they are classed under regulation 8, extended family. You are covered under the Directive and can move freely within Europe (other than your own state) but the difficulties arise when you return to UK.

I have heard that some have been successful in the past but I have yet to hear it from the horses mouth.

formula

Yes, they are nothing to do with free worker movement. Denmark brought in new rules years ago, to block their citizens who might try to exploit the Singh loophole to avoid Danish immigration laws. The recent rules the UK have adopted, are a lighter version of those (much harsher) Danish rules.

EU laws change all the time. Even the existing rules are open to interpretation. They also allow EEA countries to tighten rules to their country for the EEA migrants.

rebeccajo

For clarification. This is not a loophole. It's a legal path of entry to EU nations.

formula

Obviously "popping across to Ireland for 3 months to avoid applying for a visa" was a loophole, hence why countries close it. Mr and Mrs Singh worked in Germany for 2 years and had their life based in Germany.

People can still have their "legal path of entry to EU nations" under whatever rules are in place at the time.

It's not the first loophole that has been closed and I doubt it will be the last. There have been changes for EU citizens trying to get PR in other EU countries too. Many getting caught out during their 5 year wait to PR, when those loopholes are closed too.

rebeccajo

Is everybody ready?

Every time formula says "loophole" - take a drink!