My experience of going the Surinder Singh route so far

Old Sep 13th 2013, 2:24 pm
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Default Re: My experience of going the Surinder Singh route so far

Some great news .....

"The Bill failed to complete its passage through Parliament before the end of the session. This means the Bill will make no further progress."

http://services.parliament.uk/bills/...ampaign=Buffer
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Old Sep 13th 2013, 2:40 pm
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Default Re: My experience of going the Surinder Singh route so far

Originally Posted by AngelaV View Post
Some great news .....

"The Bill failed to complete its passage through Parliament before the end of the session. This means the Bill will make no further progress."

http://services.parliament.uk/bills/...ampaign=Buffer
I haven't researched this bill in depth, but as I understand it, it would have extended the required residency period for permanent residency from 5 years to 10 years for those using the EU/EEA route to settlement?

Just on those grounds alone (if true) I'm very glad it has failed.
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Old Sep 13th 2013, 3:01 pm
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Default Re: My experience of going the Surinder Singh route so far

Originally Posted by AngelaV View Post
Some great news .....

"The Bill failed to complete its passage through Parliament before the end of the session. This means the Bill will make no further progress."

http://services.parliament.uk/bills/...ampaign=Buffer
Just a brief but very sincere thank you, Angela. In the middle of a stressful move, and all your family responsibilities, you've still taken the time to help others with comprehensive information and advice. I think you're amazing! I'll be one of the many cheering you on when you finally make it home xx
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Old Sep 13th 2013, 3:09 pm
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Default Re: My experience of going the Surinder Singh route so far

Originally Posted by spouse of scouse View Post
Just a brief but very sincere thank you, Angela. In the middle of a stressful move, and all your family responsibilities, you've still taken the time to help others with comprehensive information and advice. I think you're amazing! I'll be one of the many cheering you on when you finally make it home xx
Aaww .... Thank You!

I have become a bit obsessed with the ss route as a means to getting families back together and back home. This notice of Disapplication will hopefully ease fears of the Freedom of Movement act closing and thereby closing the Surinder Singh route.
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Old Sep 13th 2013, 3:32 pm
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Default Re: My experience of going the Surinder Singh route so far

Originally Posted by spouse of scouse View Post
Just a brief but very sincere thank you, Angela. In the middle of a stressful move, and all your family responsibilities, you've still taken the time to help others with comprehensive information and advice. I think you're amazing! I'll be one of the many cheering you on when you finally make it home xx
+1
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Old Sep 18th 2013, 1:03 pm
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Default Re: My experience of going the Surinder Singh route so far

Hi Angela,

I know you are busy and I know you've posted all the relevant documents and links, which I've looked at (though admittedly not exhaustively quite yet) but I wonder if you--or someone else--might have an idea which would be the best route for us to pursue:

normal spouse visa? or S Singh?

On another thread Englishguy in one of his many helpful replies suggested I consider SS as I'm a Brit Citizen already living in another EU country-France-- with my non-EU (USC) husband.

BUT: I don't think we'd qualify for SS.

Re SS:
1. He has a French residence permit based on his job with a global company, not on the basis of being married to me, as I think is required for the SS route. We have been here for three years for his job.

2. I myself have not been working, and we are now planning to leave and go to UK at the end of the year. Yes, I could get a job now for the remaining three months. But is that all I'd need to do?
We have bank accounts, an address obviously, utility bills, etc etc. BUT I have never officially registered my presence here. (Knowing the French residence card (carte de séjour was no longer needed for EU citizens, I didn't think I needed to do anything at all. Should I really have registered my presence, SS ideas aside?? This question would apply to other members of my family too).

3. There's also the five-year option: IF I understand it correctly, if we were to stay in France for FIVE years,in other words only two more, we would then both be eligible to either stay here or to move to another EU country with no problem. Which I might consider--BUT again, there's no record (besides rent contract, bank accounts etc) that I have been here these three years, as I didn't register on arrival.

Re spouse visa:

1. Financial requirement: We are very lucky in that my husband is retiring, so his pensions will be taken into consideration, as most of our married life I was at home with children and working sporadically in a freelance fashion. (It's so unfair that before retirement age only the BC's income is taken into account. But don't get me started!) We'll have enough for the income requirement, plus savings as well.

2. the problem is the application: he travels a lot and will be doing so for the forseeable future. So he can't do without his passport! But he'd have to send it away in the application, for who knows how long.
However I just learned on another thread that USCs can apply for a second passport if their first is lost or tied up in some office somewhere--I have to confirm how this works, but IF it does, then the spouse visa may be the better route for us.

3. We'd have to decide whether to start the process now while residing here in France, or wait til he is in the US. If anyone's done it as a USC in France trying to get spouse visa to enter UK, I'd be interested to know.

But this is a thread for the S Singh route--so I don't want to derail it.

Any thoughts, especially on whether we are miles from qualifying for the SS, I'd be grateful....

in the meantime, I had better go and read all the small print, websites, fb pages etc. I could easily become pretty militant about all this, it's dreadful that we are so penalized just because we fell in love with someone who isn't a member of the EU!
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Old Sep 20th 2013, 2:08 pm
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Default Re: My experience of going the Surinder Singh route so far

Hi there, sorry it's taken so long to get back to you. I haven't been on for a couple of days.

I briefly looked into the spousal route at the beginning of the year but quickly realised that I wouldn't be able to take that route so gave up on the idea fairly quickly.

In your situation though, I would definitely take the Surinder Singh route. With the exception of working, you have basically fulfilled all the requirements for this route with the exception of working but you only have to work 10-12 hours per week for 3 months and can then move over to the UK with no limitations. The downside of taking the spousal visa route is that it is hanging over your head for 5 years; whereas, with the ss route, after 3 months of fulfilling your treaty right obligations, you only have a 6 month processing period for the EEA2 application.

I heard recently that you can have 2 passports for work purposes so at least your husband will be able to keep one copy to enable him to travel during the application process but I am not too sure about the ins and outs of this.

Did your husband include your details on his residency application? If so, you will most likely have already reported your presence. If not, you can't be expelled from the country, you will just have to report your presence now. The following is an extract from the guidelines:

Reporting your presence:

You and your family members might be required to report your presence within a reasonable period of time after arrival. This allows the public authorities of the host EU country to be fully aware of population movements in their territory.

The EU countries, however, have the option not to require you to report your presence.

What happens if you do not report your presence?

If you or your family members fail to comply with the requirement to report your presence, you can be liable to proportionate and non-discriminatory administrative sanctions. This means that the sanctions must be appropriate to the violation made and must be the same as those which would be imposed on nationals of the host EU country.

However, you cannot be expelled just for violating this rule.

Where can I find more?

You can find the precise legal wording on the matter covered in this section in Article 5(5) of the Directive.
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Old Sep 20th 2013, 2:08 pm
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Default Re: My experience of going the Surinder Singh route so far

Hi there, sorry it's taken so long to get back to you. I haven't been on for a couple of days.

I briefly looked into the spousal route at the beginning of the year but quickly realised that I wouldn't be able to take that route so gave up on the idea fairly quickly.

In your situation though, I would definitely take the Surinder Singh route. With the exception of working, you have basically fulfilled all the requirements for this route with the exception of working but you only have to work 10-12 hours per week for 3 months and can then move over to the UK with no limitations. The downside of taking the spousal visa route is that it is hanging over your head for 5 years; whereas, with the ss route, after 3 months of fulfilling your treaty right obligations, you only have a 6 month processing period for the EEA2 application.

I heard recently that you can have 2 passports for work purposes so at least your husband will be able to keep one copy to enable him to travel during the application process but I am not too sure about the ins and outs of this.

Did your husband include your details on his residency application? If so, you will most likely have already reported your presence. If not, you can't be expelled from the country, you will just have to report your presence now. The following is an extract from the guidelines:

Reporting your presence:

You and your family members might be required to report your presence within a reasonable period of time after arrival. This allows the public authorities of the host EU country to be fully aware of population movements in their territory.

The EU countries, however, have the option not to require you to report your presence.

What happens if you do not report your presence?

If you or your family members fail to comply with the requirement to report your presence, you can be liable to proportionate and non-discriminatory administrative sanctions. This means that the sanctions must be appropriate to the violation made and must be the same as those which would be imposed on nationals of the host EU country.

However, you cannot be expelled just for violating this rule.

Where can I find more?

You can find the precise legal wording on the matter covered in this section in Article 5(5) of the Directive.
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Old Sep 20th 2013, 4:46 pm
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Default Re: My experience of going the Surinder Singh route so far

Hi Angela,thanks so much for your kind reply and for taking the time.

Your info about reporting my presence is useful too. I am sure I am ok our arrival in France, DH's carte de séjour etc was guided by a relocation company...my presence might well be on DH's documents, I forget, will check...

Well I will certainly consider the SS route....it's just that we are already in winding-down-and-getting-ready to leave mode and are about to give notice on our apartment, etc....to look for work now and get it all set up would be difficult at this stage, would mean a big shift of plans....I'm coming to the SS route late.

Thanks again.
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Old Sep 23rd 2013, 4:08 pm
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Default Re: My experience of going the Surinder Singh route so far

Dear AngelaV... Can I just say thank you for giving me hope again!!

I had all but given up on the 'dream' of moving back to the UK with my wife (US Passport) and kids (both UK/US passports).

In a nutshell... I moved to the US on a whim back in the 80s never really expecting to stay long term. I got married really young and started a business. The marriage eventually failed. I wanted to move back to the UK at that point but thanks to divorce in CA, I couldn't afford it. Then I moved to the East Coast after meeting someone else. We have been very happily married ever since and now have two kids. When the kids came along the pull to go home to the UK was at its strongest... but due to my excellent timing, the new regulations came into effect just a month before and the move as a family seemed impossible.

But we looked into it and I made first steps... getting my US citizenship (just in case) and also getting my two kids their births registered and getting UK passports sorted.

I applied for my US Citizenship last year and got that sorted so now I have both passports too.

The new regulations meant that we would have to get all the savings together (near impossible thanks to the recession) or for me to find work at the new salary level. The issue is that we would be moving for family support reasons and most of my family is down in Cornwall so the chance of me getting a decent job is tough (smaller and lower paid market). I am a freelance designer/photographer so in time I can build up my business but starting cold will take time.

Now thanks to you I am going to study the wealth of information you have provided and then look closely into moving to Ireland on the SS route. My wife will likely be able to keep her job and work remotely which will be a huge boost for us. Then I can find something to tide us over. The kids are fine. We have a daughter who just turned 5 and a son who is 2 1/2 so hopefully we can time everything so we are there next Spring into Summer and then not affect school starting for my daughter too much.

I am dying to get down to Cornwall but it sounds as though moving to Ireland would be a perfect way to fast-forward our move and mean that we can all be together as a family... something that would be near impossible going straight back to the UK under the new regs.

So thank you thank you. (I'm sure I'll have questions if you don't mind.)
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Old Sep 23rd 2013, 5:55 pm
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Default Re: My experience of going the Surinder Singh route so far

Mr Muffin, that's amazing! I am so, so pleased you have found a way to get home! I'm always here to help in any way I can, as are so many other amazing people here.

It's also a good way for your daughter to adapt to school over here before going into the school system in the UK, the schools are very good here. My girls only started school at 7 so they are 2 years behind others of the same age and after just 3 weeks, they seem to be catching up. We are very impressed.
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Old Sep 23rd 2013, 5:55 pm
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Default Re: My experience of going the Surinder Singh route so far

Mr Muffin, that's amazing! I am so, so pleased you have found a way to get home! I'm always here to help in any way I can, as are so many other amazing people here.

It's also a good way for your daughter to adapt to school over here before going into the school system in the UK, the schools are very good here. My girls only started school at 7 so they are 2 years behind others of the same age and after just 3 weeks, they seem to be catching up. We are very impressed.
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Old Sep 23rd 2013, 6:00 pm
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Default Re: My experience of going the Surinder Singh route so far

Originally Posted by AngelaV View Post
Mr Muffin, that's amazing! I am so, so pleased you have found a way to get home! I'm always here to help in any way I can, as are so many other amazing people here.

It's also a good way for your daughter to adapt to school over here before going into the school system in the UK, the schools are very good here. My girls only started school at 7 so they are 2 years behind others of the same age and after just 3 weeks, they seem to be catching up. We are very impressed.
I have lots of reading to do yet but at first look, this could be a great way to get us all back home to the UK together. I just hope something doesn't change before we can get it together!! That's my biggest fear right now.
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Old Sep 23rd 2013, 7:10 pm
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Default Re: My experience of going the Surinder Singh route so far

Originally Posted by MrMuffin View Post
I have lots of reading to do yet but at first look, this could be a great way to get us all back home to the UK together. I just hope something doesn't change before we can get it together!! That's my biggest fear right now.
I wouldn't worry about it changing, there was a bill to change the rules of the Freedom of Movement Directive but the bill failed to make it through parliament so there was a disapplication last week meaning it won't be taken any further. Therefore, the ss route won't be closing any time soon. As long as you dot all your i's and cross your t's by following the rules to the letter, the UKBA can't refuse you as much as they would love to.
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Old Sep 23rd 2013, 7:45 pm
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Default Re: My experience of going the Surinder Singh route so far

Originally Posted by AngelaV View Post
I wouldn't worry about it changing, there was a bill to change the rules of the Freedom of Movement Directive but the bill failed to make it through parliament so there was a disapplication last week meaning it won't be taken any further. Therefore, the ss route won't be closing any time soon. As long as you dot all your i's and cross your t's by following the rules to the letter, the UKBA can't refuse you as much as they would love to.
Agreed, and it's down to the Home Office to prove it's case against indivdual families. They're not allowed to automatically assume you're doing it to circumvent UK immigration rules.
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