Singh rule changes
Nov 11th 2016, 10:50 am
#2
BE Forum Addict
Thread Starter
Joined: Apr 2008
Posts: 2,294
Re: Singh rule changes
Here is some of it from the above links.
Singh has ended for those third country nationals using "fraud" to avoid UK immigration rules. A stricter genuine test.
Those who are genuine can use self sufficient too for Singh instead of just workers.
Those using Singh cannot bring Extended Family Member to the UK.
Something in there about needing to buy CSIs (Comprehensive Sickness Insurance) but not for the British citizen. I can't work out what they are saying there. Maybe the Brit has to be a "qualified person" in the UK now for their 3rd country family to be allowed to reside????
EEA rules confirmation too in there for what the UK sees as a "qualified person" to have a "Right to Reside" in the UK.
No appeals allowed for refusal of Extended Family Members, for EEA citizen EFMs too.
No more in-country appeals from 1st of Decemebr 2016, under the Immgiration Act 2016, including Human Rights appeals for Family Life.
The Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016
They will need to leave the UK and appeal their refusal from their own country.
New criminal rules just came in/coming in, under the same Act for those not allowed to be in the UK.
Singh has ended for those third country nationals using "fraud" to avoid UK immigration rules. A stricter genuine test.
Those who are genuine can use self sufficient too for Singh instead of just workers.
Those using Singh cannot bring Extended Family Member to the UK.
Something in there about needing to buy CSIs (Comprehensive Sickness Insurance) but not for the British citizen. I can't work out what they are saying there. Maybe the Brit has to be a "qualified person" in the UK now for their 3rd country family to be allowed to reside????
EEA rules confirmation too in there for what the UK sees as a "qualified person" to have a "Right to Reside" in the UK.
No appeals allowed for refusal of Extended Family Members, for EEA citizen EFMs too.
No more in-country appeals from 1st of Decemebr 2016, under the Immgiration Act 2016, including Human Rights appeals for Family Life.
The Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016
They will need to leave the UK and appeal their refusal from their own country.
New criminal rules just came in/coming in, under the same Act for those not allowed to be in the UK.
Last edited by formula; Nov 11th 2016 at 11:50 am.
Nov 26th 2016, 7:38 am
#3
BE Forum Addict
Thread Starter
Joined: Apr 2008
Posts: 2,294
Re: Singh rule changes
New Singh rules started yesterday and will apply to everyone who did not receive their RC before 25 November 2016.
" This is so even where:
- a family permit was issued before 25 November 2016
- the residence card application was made before 25 November 2016"
https://www.gov.uk/government/upload...zens-_v1_0.pdf
" This is so even where:
- a family permit was issued before 25 November 2016
- the residence card application was made before 25 November 2016"
https://www.gov.uk/government/upload...zens-_v1_0.pdf
Nov 26th 2016, 7:43 am
#4
BE Forum Addict
Thread Starter
Joined: Apr 2008
Posts: 2,294
Re: Singh rule changes
From the link in the first post on some of these changes.
(3) Factors relevant to whether residence in the EEA State is or was genuine include—
(a)whether the centre of BC’s life transferred to the EEA State;
(b)the length of F and BC’s joint residence in the EEA State;
(c)the nature and quality of the F and BC’s accommodation in the EEA State, and whether it is or was BC’s principal residence;
(d)the degree of F and BC’s integration in the EEA State;
(e)whether F’s first lawful residence in the EU with BC was in the EEA State.
(4) This regulation does not apply—
(a)where the purpose of the residence in the EEA State was as a means for circumventing any immigration laws applying to non-EEA nationals to which F would otherwise be subject (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or
(b)to a person who is only eligible to be treated as a family member as a result of regulation 7(3) (extended family members treated as family members).
(3) Factors relevant to whether residence in the EEA State is or was genuine include—
(a)whether the centre of BC’s life transferred to the EEA State;
(b)the length of F and BC’s joint residence in the EEA State;
(c)the nature and quality of the F and BC’s accommodation in the EEA State, and whether it is or was BC’s principal residence;
(d)the degree of F and BC’s integration in the EEA State;
(e)whether F’s first lawful residence in the EU with BC was in the EEA State.
(4) This regulation does not apply—
(a)where the purpose of the residence in the EEA State was as a means for circumventing any immigration laws applying to non-EEA nationals to which F would otherwise be subject (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or
(b)to a person who is only eligible to be treated as a family member as a result of regulation 7(3) (extended family members treated as family members).
Last edited by formula; Nov 26th 2016 at 8:15 am.
Nov 26th 2016, 7:58 am
#5
BE Forum Addict
Thread Starter
Joined: Apr 2008
Posts: 2,294
Re: Singh rule changes
Looks like even when an RC is granted, for that to remain valid, their Brit sponsor will now have to be a "qualified person" at alll times for their Family Member to continue to have a right to reside in the UK.
Slight differences for the British qualified person i.e. the British citizen won't have to buy a CSI (Comprehensive Sickness Insurance) as a Brit residing in the UK gets free NHS.
Slight differences for the British qualified person i.e. the British citizen won't have to buy a CSI (Comprehensive Sickness Insurance) as a Brit residing in the UK gets free NHS.
Last edited by formula; Nov 26th 2016 at 8:01 am.
