SURINDER SINGH ROUTE
Jul 11th 2017, 4:49 am
#1
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Joined: Jul 2017
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SURINDER SINGH ROUTE
HI
I am an Indian national married to a british citizen since 2012. I have a spouse visa refusal in 2014 due to financials as my husband cant show that much income. I have a 10 month old baby girl born in India. I have few questions in relation to the same
1) Are me and my daughter eligible for Surinder singh route if my husband joins us in spain or any other EU country?
a) If yes then on what visa will I join my husband there?
b) since my baby is entitled for British passport by descent can she travel freely with me?
c) which will be the best place to apply for her passport India or UK? since my husand is in uk and has not even seen our daughter once
d) are there any humanitarian grounds on which i can c my husband along with my daughter
plz help
I am an Indian national married to a british citizen since 2012. I have a spouse visa refusal in 2014 due to financials as my husband cant show that much income. I have a 10 month old baby girl born in India. I have few questions in relation to the same
1) Are me and my daughter eligible for Surinder singh route if my husband joins us in spain or any other EU country?
a) If yes then on what visa will I join my husband there?
b) since my baby is entitled for British passport by descent can she travel freely with me?
c) which will be the best place to apply for her passport India or UK? since my husand is in uk and has not even seen our daughter once
d) are there any humanitarian grounds on which i can c my husband along with my daughter
plz help
Jul 11th 2017, 9:22 am
#2
Joined: Feb 2012
Location: Not in Paris
Posts: 18,195
Re: SURINDER SINGH ROUTE
Your husband would need to exercise his Treaty rights in the country in question, e.g. work or study, and be deemed to have 'moved the centre of his life' to that country. The rules have been tightened up considerably and if it's suspected that you have only moved to an EU/EEA country to circumvent UK immigration rules then it is likely that your application will be refused.
The visa on which you enter will depend on the country in question. You will then usually apply for a residence card in-country on the basis that you are a family member of an EU citizen.
Regardless of what you decide to do it would be best for your child to hold a British passport. I would start the application process immediately as it can take several months for a British passport to be issued if the child is born in a 'high risk' country. You should apply for your child's passport from India. Your husband may need to attend an interview in the UK.
There was a Supreme Court ruling in February which upheld the Minimum Income Requirement for UK spouse visas. However it was also ruled that the MIR failed to take into account the duty of care to safeguard and promote the welfare of children as required by Section 55 of the Borders, Citizenship and Immigration Act 2009 and considering alternative funding when making an application under Article 8 of the ECHR (the right to a family life). The Home Office is currently reviewing its regulations on this basis but no changes have been made yet. I would hold off attempting the Surinder Singh route until the changes are announced.
The visa on which you enter will depend on the country in question. You will then usually apply for a residence card in-country on the basis that you are a family member of an EU citizen.
Regardless of what you decide to do it would be best for your child to hold a British passport. I would start the application process immediately as it can take several months for a British passport to be issued if the child is born in a 'high risk' country. You should apply for your child's passport from India. Your husband may need to attend an interview in the UK.
There was a Supreme Court ruling in February which upheld the Minimum Income Requirement for UK spouse visas. However it was also ruled that the MIR failed to take into account the duty of care to safeguard and promote the welfare of children as required by Section 55 of the Borders, Citizenship and Immigration Act 2009 and considering alternative funding when making an application under Article 8 of the ECHR (the right to a family life). The Home Office is currently reviewing its regulations on this basis but no changes have been made yet. I would hold off attempting the Surinder Singh route until the changes are announced.
