New Guidance document for SS route........
Nov 28th 2016, 10:05 pm
#1
Lost in BE Cyberspace
Thread Starter
Joined: May 2010
Location: San Diego, California
Posts: 9,652
New Guidance document for SS route........
The following document provides guidance to Home Office and ECO's as to the processing of SS route applications:
This section gives you an overview of the conditions to be met when a family
member of a British citizen applies for a residence card in the UK. These are often described as ‘Surinder Singh’ cases.
https://www.gov.uk/government/upload...zens-_v1_0.pdf
The rules regarding whether family members of British Citizens applying under the SS route have tightened up considerably.
Some of the more memorable changes are:
Substantial proof is now required of genuine relationship and only direct family members will be considered. It looks as though unmarried partners are now not to be considered as direct family members
Applicants claiming to be extended family members (for example, durable partners or dependent relatives) of British citizens do not have a right of residence under the 2006 regulations (as amended). If the applicant is an extended family member, you must refuse the application.
The British citizen must show evident that they were a qualified person in the host EU country. If a worker, payslips, bank statments etc; if self employed, accounts, invoices; if self sufficient, bank statments etc etc.
The Centre of Life proof as been beefed up with particular emphasis being made on length of time in EU country and with corresponding proof as to this length of time, type of work, did they have a main residence, how did they integrate?
Ability to determine the purpose of the residence in the EU country. For this the ECO can take into consideration the family's immigration record; the reason why the family did not apply for visa directly to the UK; timing and reason for the Brit and/or family member moving to the EU host country.
If others have read the document maybe they could comment?
This section gives you an overview of the conditions to be met when a family
member of a British citizen applies for a residence card in the UK. These are often described as ‘Surinder Singh’ cases.
https://www.gov.uk/government/upload...zens-_v1_0.pdf
The rules regarding whether family members of British Citizens applying under the SS route have tightened up considerably.
Some of the more memorable changes are:
Substantial proof is now required of genuine relationship and only direct family members will be considered. It looks as though unmarried partners are now not to be considered as direct family members
Applicants claiming to be extended family members (for example, durable partners or dependent relatives) of British citizens do not have a right of residence under the 2006 regulations (as amended). If the applicant is an extended family member, you must refuse the application.
The British citizen must show evident that they were a qualified person in the host EU country. If a worker, payslips, bank statments etc; if self employed, accounts, invoices; if self sufficient, bank statments etc etc.
The Centre of Life proof as been beefed up with particular emphasis being made on length of time in EU country and with corresponding proof as to this length of time, type of work, did they have a main residence, how did they integrate?
Ability to determine the purpose of the residence in the EU country. For this the ECO can take into consideration the family's immigration record; the reason why the family did not apply for visa directly to the UK; timing and reason for the Brit and/or family member moving to the EU host country.
If others have read the document maybe they could comment?
Nov 28th 2016, 11:26 pm
#2
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: New Guidance document for SS route........
I already have when I posted that link - and all the other details about these Singh changes that have been out for a few weeks now.
http://britishexpats.com/forum/citiz...hanges-887169/
http://britishexpats.com/forum/citiz...hanges-887169/
Last edited by formula; Nov 28th 2016 at 11:28 pm.
Nov 28th 2016, 11:33 pm
#3
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,809
Re: New Guidance document for SS route........
The following document provides guidance to Home Office and ECO's as to the processing of SS route applications:
This section gives you an overview of the conditions to be met when a family
member of a British citizen applies for a residence card in the UK. These are often described as ‘Surinder Singh’ cases.
https://www.gov.uk/government/upload...zens-_v1_0.pdf
The rules regarding whether family members of British Citizens applying under the SS route have tightened up considerably.
Some of the more memorable changes are:
Substantial proof is now required of genuine relationship and only direct family members will be considered. It looks as though unmarried partners are now not to be considered as direct family members
Applicants claiming to be extended family members (for example, durable partners or dependent relatives) of British citizens do not have a right of residence under the 2006 regulations (as amended). If the applicant is an extended family member, you must refuse the application.
The British citizen must show evident that they were a qualified person in the host EU country. If a worker, payslips, bank statments etc; if self employed, accounts, invoices; if self sufficient, bank statments etc etc.
The Centre of Life proof as been beefed up with particular emphasis being made on length of time in EU country and with corresponding proof as to this length of time, type of work, did they have a main residence, how did they integrate?
Ability to determine the purpose of the residence in the EU country. For this the ECO can take into consideration the family's immigration record; the reason why the family did not apply for visa directly to the UK; timing and reason for the Brit and/or family member moving to the EU host country.
If others have read the document maybe they could comment?
This section gives you an overview of the conditions to be met when a family
member of a British citizen applies for a residence card in the UK. These are often described as ‘Surinder Singh’ cases.
https://www.gov.uk/government/upload...zens-_v1_0.pdf
The rules regarding whether family members of British Citizens applying under the SS route have tightened up considerably.
Some of the more memorable changes are:
Substantial proof is now required of genuine relationship and only direct family members will be considered. It looks as though unmarried partners are now not to be considered as direct family members
Applicants claiming to be extended family members (for example, durable partners or dependent relatives) of British citizens do not have a right of residence under the 2006 regulations (as amended). If the applicant is an extended family member, you must refuse the application.
The British citizen must show evident that they were a qualified person in the host EU country. If a worker, payslips, bank statments etc; if self employed, accounts, invoices; if self sufficient, bank statments etc etc.
The Centre of Life proof as been beefed up with particular emphasis being made on length of time in EU country and with corresponding proof as to this length of time, type of work, did they have a main residence, how did they integrate?
Ability to determine the purpose of the residence in the EU country. For this the ECO can take into consideration the family's immigration record; the reason why the family did not apply for visa directly to the UK; timing and reason for the Brit and/or family member moving to the EU host country.
If others have read the document maybe they could comment?
Seems a bit unfair if unmarried partners are now just relegated to being 'extended family', don't you think?
Nov 28th 2016, 11:35 pm
#4
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: New Guidance document for SS route........
EFM don't get a right of appeal if they are refused. They have challanged that in court and the UK won. Now this has been written into the regs that I posted on 8 November.
It's been all around the other immigration forums for weeks and discussed at length. There is always plenty of notice of these changes. For the Singh route, these changes began for applications decided from 25 November 2016.
Last edited by formula; Nov 28th 2016 at 11:49 pm.
Nov 29th 2016, 1:15 am
#6
Lost in BE Cyberspace
Thread Starter
Joined: May 2010
Location: San Diego, California
Posts: 9,652
Re: New Guidance document for SS route........
Nov 29th 2016, 11:07 am
#7
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: New Guidance document for SS route........
It is much too late to be dicussing these changes now as this all started on 25 November!
We knew this Singh "fraud" was ending ages ago after if was ruled on by the highest court in the EU, to assure EEA countries that their citizens could not avoid their immigraion laws for their non-EEA citizen direct family members. Then a challange to that ruling by a non-EE citizen, also failed. It was all over the internet at the time.
When I posted these changes on 8th November, there was still a very slim chance that the non-EAA might still get a Resident Card before the 25th if they acted quickly, but now it is too late.
For those non-EEA citizens already in the UK on a Famliy Permit and who haven't put in for an RC, or for those that have an application in for an RC but this still haven't been granted, you all come under these new rules. The UK making it quite clear in these links already posted, that a removal carries a 10 year ban.
If you read the Singh ruling, it was only about direct family members anyway and the UK enforcing this no extended family members now, is no surpise either.
Extended Family Members don't have an automatic right to use free movement and it has always been up to each EEA country to decide. This is why the UK no longer offers appeals to refusals for extended family members, why their court cases against these refusals fail and why this is now written in EEA regs for the UK, under these changes (already posted on here a few weeks ago).
We knew this Singh "fraud" was ending ages ago after if was ruled on by the highest court in the EU, to assure EEA countries that their citizens could not avoid their immigraion laws for their non-EEA citizen direct family members. Then a challange to that ruling by a non-EE citizen, also failed. It was all over the internet at the time.
When I posted these changes on 8th November, there was still a very slim chance that the non-EAA might still get a Resident Card before the 25th if they acted quickly, but now it is too late.
For those non-EEA citizens already in the UK on a Famliy Permit and who haven't put in for an RC, or for those that have an application in for an RC but this still haven't been granted, you all come under these new rules. The UK making it quite clear in these links already posted, that a removal carries a 10 year ban.
If you read the Singh ruling, it was only about direct family members anyway and the UK enforcing this no extended family members now, is no surpise either.
Extended Family Members don't have an automatic right to use free movement and it has always been up to each EEA country to decide. This is why the UK no longer offers appeals to refusals for extended family members, why their court cases against these refusals fail and why this is now written in EEA regs for the UK, under these changes (already posted on here a few weeks ago).
Last edited by formula; Nov 29th 2016 at 11:42 am.
Nov 29th 2016, 11:14 am
#8
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: New Guidance document for SS route........
As being discussed on other forums, those already in the UK on an RC, will have to see what is going to happen under the Great Repeal bill on a Brexit. Putting the Directives into UK law via this will be quite straightforward, but it won't be the same with all the EU court rulings. Nor do we know yet if the UK will put the EU court rulings into UK law. Singh is an EU court ruling. Some non-EEA citizens will have to keep up with all of this.
Last edited by formula; Nov 29th 2016 at 11:24 am.
