Surinder Singh route from Germany
Jun 13th 2014, 6:00 pm
#1
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Thread Starter
Joined: Jun 2014
Posts: 44
Surinder Singh route from Germany
I live with my Israeli wife in Germany in the last 5 months.
We were refused for spouse visa about a year ago and moved to Germany.
She has a residence card of a family member of a union citizen and I have a business in Berlin.
We are thinking of moving to the UK and were wandering what are we suppose to actually do in order to get her a spouse visa in the UK so that she can work there.
Thank you.
We were refused for spouse visa about a year ago and moved to Germany.
She has a residence card of a family member of a union citizen and I have a business in Berlin.
We are thinking of moving to the UK and were wandering what are we suppose to actually do in order to get her a spouse visa in the UK so that she can work there.
Thank you.
Jun 14th 2014, 2:16 am
#2
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Joined: Sep 2013
Posts: 360
Re: Surinder Singh route from Germany
As your wife has a German residence card, she shouldn't need anything else to enter the UK. It is now said that people will German/Estonian residence cards don't need anything to enter the UK.
See here:
You might want to read through the following:Amendment to EEA Regulation from 1/01/2014 Singh diluted : EEA-route Applications • Immigrationboards.com
Visa free travel for Residence Card holder Case refer to ECJ : EEA-route Applications • Immigrationboards.com
If you want to apply for an EEA family permit to check the strength of your position when you are going to apply for a residence card for your partner:
You will not be applying for a spouse visa, unless you want to show evidence of the 18600 income or savings or 62500 etc. The name of the permit that you would be applying for under Surinder Singh is EEA family permit.
More info here: https://www.gov.uk/family-permit
The application form is here: https://www.visa4uk.fco.gov.uk. You need to register a new account and then proceed to fill in the application form.
I take it you know that the rules for a British citizen returning from another EEA country changed in 2014 and it's no longer as easy as it used to be to get an EEA family permit. You will need to show how your life/lives have moved to Germany. That will require showing how you have integrated into life in Germany, e.g. learning the language, joining clubs, bank accounts etc.
See here:
You might want to read through the following:Amendment to EEA Regulation from 1/01/2014 Singh diluted : EEA-route Applications • Immigrationboards.com
Visa free travel for Residence Card holder Case refer to ECJ : EEA-route Applications • Immigrationboards.com
If you want to apply for an EEA family permit to check the strength of your position when you are going to apply for a residence card for your partner:
You will not be applying for a spouse visa, unless you want to show evidence of the 18600 income or savings or 62500 etc. The name of the permit that you would be applying for under Surinder Singh is EEA family permit.
More info here: https://www.gov.uk/family-permit
The application form is here: https://www.visa4uk.fco.gov.uk. You need to register a new account and then proceed to fill in the application form.
I take it you know that the rules for a British citizen returning from another EEA country changed in 2014 and it's no longer as easy as it used to be to get an EEA family permit. You will need to show how your life/lives have moved to Germany. That will require showing how you have integrated into life in Germany, e.g. learning the language, joining clubs, bank accounts etc.
Jun 14th 2014, 2:16 am
#3
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Joined: Sep 2013
Posts: 360
Re: Surinder Singh route from Germany
As your wife has a German residence card, she shouldn't need anything else to enter the UK. It is now said that people will German/Estonian residence cards don't need anything to enter the UK.
See here:
You might want to read through the following:Amendment to EEA Regulation from 1/01/2014 Singh diluted : EEA-route Applications • Immigrationboards.com
Visa free travel for Residence Card holder Case refer to ECJ : EEA-route Applications • Immigrationboards.com
If you want to apply for an EEA family permit to check the strength of your position when you are going to apply for a residence card for your partner:
You will not be applying for a spouse visa, unless you want to show evidence of the 18600 income or savings or 62500 etc. The name of the permit that you would be applying for under Surinder Singh is EEA family permit.
More info here: https://www.gov.uk/family-permit
The application form is here: https://www.visa4uk.fco.gov.uk. You need to register a new account and then proceed to fill in the application form.
I take it you know that the rules for a British citizen returning from another EEA country changed in 2014 and it's no longer as easy as it used to be to get an EEA family permit. You will need to show how your life/lives have moved to Germany. That will require showing how you have integrated into life in Germany, e.g. learning the language, joining clubs, bank accounts etc.
See here:
You might want to read through the following:Amendment to EEA Regulation from 1/01/2014 Singh diluted : EEA-route Applications • Immigrationboards.com
Visa free travel for Residence Card holder Case refer to ECJ : EEA-route Applications • Immigrationboards.com
If you want to apply for an EEA family permit to check the strength of your position when you are going to apply for a residence card for your partner:
You will not be applying for a spouse visa, unless you want to show evidence of the 18600 income or savings or 62500 etc. The name of the permit that you would be applying for under Surinder Singh is EEA family permit.
More info here: https://www.gov.uk/family-permit
The application form is here: https://www.visa4uk.fco.gov.uk. You need to register a new account and then proceed to fill in the application form.
I take it you know that the rules for a British citizen returning from another EEA country changed in 2014 and it's no longer as easy as it used to be to get an EEA family permit. You will need to show how your life/lives have moved to Germany. That will require showing how you have integrated into life in Germany, e.g. learning the language, joining clubs, bank accounts etc.
Jun 14th 2014, 7:50 am
#4
Forum Regular
Thread Starter
Joined: Jun 2014
Posts: 44
Re: Surinder Singh route from Germany
As your wife has a German residence card, she shouldn't need anything else to enter the UK. It is now said that people will German/Estonian residence cards don't need anything to enter the UK.
See here:
You might want to read through the following:Amendment to EEA Regulation from 1/01/2014 Singh diluted : EEA-route Applications • Immigrationboards.com
Visa free travel for Residence Card holder Case refer to ECJ : EEA-route Applications • Immigrationboards.com
If you want to apply for an EEA family permit to check the strength of your position when you are going to apply for a residence card for your partner:
You will not be applying for a spouse visa, unless you want to show evidence of the 18600 income or savings or 62500 etc. The name of the permit that you would be applying for under Surinder Singh is EEA family permit.
More info here: https://www.gov.uk/family-permit
The application form is here: https://www.visa4uk.fco.gov.uk. You need to register a new account and then proceed to fill in the application form.
I take it you know that the rules for a British citizen returning from another EEA country changed in 2014 and it's no longer as easy as it used to be to get an EEA family permit. You will need to show how your life/lives have moved to Germany. That will require showing how you have integrated into life in Germany, e.g. learning the language, joining clubs, bank accounts etc.
See here:
You might want to read through the following:Amendment to EEA Regulation from 1/01/2014 Singh diluted : EEA-route Applications • Immigrationboards.com
Visa free travel for Residence Card holder Case refer to ECJ : EEA-route Applications • Immigrationboards.com
If you want to apply for an EEA family permit to check the strength of your position when you are going to apply for a residence card for your partner:
You will not be applying for a spouse visa, unless you want to show evidence of the 18600 income or savings or 62500 etc. The name of the permit that you would be applying for under Surinder Singh is EEA family permit.
More info here: https://www.gov.uk/family-permit
The application form is here: https://www.visa4uk.fco.gov.uk. You need to register a new account and then proceed to fill in the application form.
I take it you know that the rules for a British citizen returning from another EEA country changed in 2014 and it's no longer as easy as it used to be to get an EEA family permit. You will need to show how your life/lives have moved to Germany. That will require showing how you have integrated into life in Germany, e.g. learning the language, joining clubs, bank accounts etc.
Can she work in the UK with her German residence card?
Or do i have to get the EEA family permit?
We did moved our lives to Germany - bank account, business, learning German etc... but we don't have that ridicules amount of money 18,600...
Jun 14th 2014, 8:56 am
#5
Forum Regular
Thread Starter
Joined: Jun 2014
Posts: 44
Re: Surinder Singh route from Germany
Are theses all the documents we need to submit?
https://www.gov.uk/government/upload...ily-permit.pdf
https://www.gov.uk/government/upload...ily-permit.pdf
Jun 14th 2014, 9:23 am
#6
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Joined: Sep 2013
Posts: 360
Re: Surinder Singh route from Germany
Well, apparently she can enter without a family permit but i'm not sure how true that is in practice.
I'm Irish and my partner will go to the UK with me form China. For his EEA family permit we submitted:
-both of our passports (plus copies)
-our civil partnership certificate (they only required a copy)
-a letter from me stating that we would be traveling to the UK together
-a completed application form
Actually, they are not allowed to ask for all of those documents for an EEA citizen's partner (BUT this doesnt apply exactly to the family member of a British citizen). There are a lot of posts about the Surinder Singh route on: Immigrationboards.com • Immigrationboards.com, in the EEA Route section. You would be better off checking there.
She will only be able to work if you exercise treaty rights in the UK, i.e. working/self-employed/studying with medical insurance/self-sufficient with medical insurance. Actually, she doesn't need anything else to work (in theory) but you will find, in practice, that employers won't be willing to employ her until she at least has the certificate of application after she applies for her EEA Residence Card on form EEA2. For this you will need to fill in a lot of info about your time in Germany. Be sure to keep all documents pertaining to your time there and make sure you keep photocopies of things like pay slips/rental contracts/job contacts/invoices to clients etc which will be needed a few times in the future.
You will need to go and understand the process in more detail.
I'm Irish and my partner will go to the UK with me form China. For his EEA family permit we submitted:
-both of our passports (plus copies)
-our civil partnership certificate (they only required a copy)
-a letter from me stating that we would be traveling to the UK together
-a completed application form
Actually, they are not allowed to ask for all of those documents for an EEA citizen's partner (BUT this doesnt apply exactly to the family member of a British citizen). There are a lot of posts about the Surinder Singh route on: Immigrationboards.com • Immigrationboards.com, in the EEA Route section. You would be better off checking there.
She will only be able to work if you exercise treaty rights in the UK, i.e. working/self-employed/studying with medical insurance/self-sufficient with medical insurance. Actually, she doesn't need anything else to work (in theory) but you will find, in practice, that employers won't be willing to employ her until she at least has the certificate of application after she applies for her EEA Residence Card on form EEA2. For this you will need to fill in a lot of info about your time in Germany. Be sure to keep all documents pertaining to your time there and make sure you keep photocopies of things like pay slips/rental contracts/job contacts/invoices to clients etc which will be needed a few times in the future.
You will need to go and understand the process in more detail.
Jun 14th 2014, 9:28 am
#7
Forum Regular
Thread Starter
Joined: Jun 2014
Posts: 44
Re: Surinder Singh route from Germany
Well, apparently she can enter without a family permit but i'm not sure how true that is in practice.
I'm Irish and my partner will go to the UK with me form China. For his EEA family permit we submitted:
-both of our passports (plus copies)
-our civil partnership certificate (they only required a copy)
-a letter from me stating that we would be traveling to the UK together
-a completed application form
Actually, they are not allowed to ask for all of those documents for an EEA citizen's partner (BUT this doesnt apply exactly to the family member of a British citizen). There are a lot of posts about the Surinder Singh route on: Immigrationboards.com • Immigrationboards.com, in the EEA Route section. You would be better off checking there.
She will only be able to work if you exercise treaty rights in the UK, i.e. working/self-employed/studying with medical insurance/self-sufficient with medical insurance. Actually, she doesn't need anything else to work (in theory) but you will find, in practice, that employers won't be willing to employ her until she at least has the certificate of application after she applies for her EEA Residence Card on form EEA2. For this you will need to fill in a lot of info about your time in Germany. Be sure to keep all documents pertaining to your time there and make sure you keep photocopies of things like pay slips/rental contracts/job contacts/invoices to clients etc which will be needed a few times in the future.
You will need to go and understand the process in more detail.
I'm Irish and my partner will go to the UK with me form China. For his EEA family permit we submitted:
-both of our passports (plus copies)
-our civil partnership certificate (they only required a copy)
-a letter from me stating that we would be traveling to the UK together
-a completed application form
Actually, they are not allowed to ask for all of those documents for an EEA citizen's partner (BUT this doesnt apply exactly to the family member of a British citizen). There are a lot of posts about the Surinder Singh route on: Immigrationboards.com • Immigrationboards.com, in the EEA Route section. You would be better off checking there.
She will only be able to work if you exercise treaty rights in the UK, i.e. working/self-employed/studying with medical insurance/self-sufficient with medical insurance. Actually, she doesn't need anything else to work (in theory) but you will find, in practice, that employers won't be willing to employ her until she at least has the certificate of application after she applies for her EEA Residence Card on form EEA2. For this you will need to fill in a lot of info about your time in Germany. Be sure to keep all documents pertaining to your time there and make sure you keep photocopies of things like pay slips/rental contracts/job contacts/invoices to clients etc which will be needed a few times in the future.
You will need to go and understand the process in more detail.
Jun 14th 2014, 2:20 pm
#8
BE Enthusiast
Joined: Sep 2013
Posts: 360
Re: Surinder Singh route from Germany
I can't advise you.
If I were you I would try to enter using the German residence card by entering via a land border. That way you know whether or not it will work. If not, you would still be able to apply for an EEA FP.
I'd advise you to do research on the use of a German residence card for entry into the UK. In theory, it negates the need for an EEA FP, however, I don't know how it works in practice, especially for family members of a British citizen.
Sorry - if you would take the time to post on Immigrationboards.com • Immigrationboards.com like I suggested before you would have more of a better idea. People there understand the EEA route better than people here.
If I were you I would try to enter using the German residence card by entering via a land border. That way you know whether or not it will work. If not, you would still be able to apply for an EEA FP.
I'd advise you to do research on the use of a German residence card for entry into the UK. In theory, it negates the need for an EEA FP, however, I don't know how it works in practice, especially for family members of a British citizen.
Sorry - if you would take the time to post on Immigrationboards.com • Immigrationboards.com like I suggested before you would have more of a better idea. People there understand the EEA route better than people here.
Jun 15th 2014, 8:36 am
#9
Forum Regular
Thread Starter
Joined: Jun 2014
Posts: 44
Re: Surinder Singh route from Germany
I can't advise you.
If I were you I would try to enter using the German residence card by entering via a land border. That way you know whether or not it will work. If not, you would still be able to apply for an EEA FP.
I'd advise you to do research on the use of a German residence card for entry into the UK. In theory, it negates the need for an EEA FP, however, I don't know how it works in practice, especially for family members of a British citizen.
Sorry - if you would take the time to post on Immigrationboards.com • Immigrationboards.com like I suggested before you would have more of a better idea. People there understand the EEA route better than people here.
If I were you I would try to enter using the German residence card by entering via a land border. That way you know whether or not it will work. If not, you would still be able to apply for an EEA FP.
I'd advise you to do research on the use of a German residence card for entry into the UK. In theory, it negates the need for an EEA FP, however, I don't know how it works in practice, especially for family members of a British citizen.
Sorry - if you would take the time to post on Immigrationboards.com • Immigrationboards.com like I suggested before you would have more of a better idea. People there understand the EEA route better than people here.
I know it works, we have already been to the UK with the German Card, i just can't decide should we apply for the EEA before we leave Germany or not...
Jun 16th 2014, 7:48 am
#10
BE Enthusiast
Joined: Sep 2013
Posts: 360
Re: Surinder Singh route from Germany
Oh if you've done it before then don't worry! There's no requirement to have an EEA FP, however, your potential employer might be reluctant to employ someone without proof of their right to work. Of course, this should be fine when you have the residence card or the COA before the RC.
Jun 17th 2014, 2:09 am
#11
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: Surinder Singh route from Germany
If you're planning on doing a Surinder Singh then apply for the EEA Family Permit before you leave. Then apply for an EEA residence card when you arrive in the UK. A German residence card is only good for Germany.
Jun 17th 2014, 3:38 am
#12
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Thread Starter
Joined: Jun 2014
Posts: 44
Re: Surinder Singh route from Germany
What are the chances to be refused for the EEA? As my wife been refused for a visa once when we applied for the spouse visa and were told that we don't have enough money...
Jun 17th 2014, 4:20 am
#13
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Joined: Sep 2013
Posts: 360
Re: Surinder Singh route from Germany
The spouse visa and the EEA family permit are different. They can't ask for bank statements etc on the EEA route.
If you can show how you have moved the centre of your life to Germany there shouldn't be a problem.
If you can show how you have moved the centre of your life to Germany there shouldn't be a problem.
Jun 27th 2014, 5:14 pm
#14
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Thread Starter
Joined: Jun 2014
Posts: 44
Re: Surinder Singh route from Germany
I am attaching an answer I got from the Europe Advice. According to them my wife doesn't need EEA family permit at all, they say she need EEA2 after we move. This is all very confusing...
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 contacting Your Europe Advice.
We understand that you and your wife are presently residing in Germany. We further understand that you have complied with registration formalities in Germany and have both been issued residence documents by the German authorities.
After spending a reasonable period of time living with you in another EU country, your wife would acquire a right under EU law to return to the UK with you. We recommend you and your wife should reside in Germany at least 6 months before returning to the UK.
In order to travel to the UK, your wife will not need an EEA Family Permit, since as an Israeli national she is exempt from the need to obtain a visa.
Once in the UK, your wife should apply for a residence card to prove her right to reside in the UK. She can apply for this card once she has returned with you to the UK. The application should be made using Form EEA2 There is now a fee of £55.00 to pay for the application. This is a separate process to family settlement under the UK immigration rules. You can find out more about applying here:
https://www.gov.uk/apply-for-a-uk-residence-card
In your wife s application, we suggest that she provides the following documents:
-your passports,
-your marriage certificate,
-your German registration certificate,
-your wife s German residence card,
-proof of your self-employment in Germany,
-proof of registration with German social security and payment of social security contributions,
-proof of joint residence with your wife (e.g. joint utility bills, joint German bank account which you opened, etc.),
-issuance of German tax code and registration with the German tax authority.
We hope this answers your query.
We remain at your disposal, should you require further information.
To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail.
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 contacting Your Europe Advice.
We understand that you and your wife are presently residing in Germany. We further understand that you have complied with registration formalities in Germany and have both been issued residence documents by the German authorities.
After spending a reasonable period of time living with you in another EU country, your wife would acquire a right under EU law to return to the UK with you. We recommend you and your wife should reside in Germany at least 6 months before returning to the UK.
In order to travel to the UK, your wife will not need an EEA Family Permit, since as an Israeli national she is exempt from the need to obtain a visa.
Once in the UK, your wife should apply for a residence card to prove her right to reside in the UK. She can apply for this card once she has returned with you to the UK. The application should be made using Form EEA2 There is now a fee of £55.00 to pay for the application. This is a separate process to family settlement under the UK immigration rules. You can find out more about applying here:
https://www.gov.uk/apply-for-a-uk-residence-card
In your wife s application, we suggest that she provides the following documents:
-your passports,
-your marriage certificate,
-your German registration certificate,
-your wife s German residence card,
-proof of your self-employment in Germany,
-proof of registration with German social security and payment of social security contributions,
-proof of joint residence with your wife (e.g. joint utility bills, joint German bank account which you opened, etc.),
-issuance of German tax code and registration with the German tax authority.
We hope this answers your query.
We remain at your disposal, should you require further information.
To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail.
Jun 27th 2014, 5:40 pm
#15
BE Enthusiast
Joined: Sep 2013
Posts: 360
Re: Surinder Singh route from Germany
This is correct. I guess people didn't pick up on the fact that Israeli nationals don't need a visa for the UK.
Basically: Go back now and apply for EEA2 (RC)...Bob's your uncle...
Basically: Go back now and apply for EEA2 (RC)...Bob's your uncle...