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Surinder Singh via Netherlands now returning to UK

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Andygoesdutch
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Surinder Singh via Netherlands now returning to UK

Post by Andygoesdutch » Sun May 08, 2016 2:47 pm

Hi,
I'm a british man working self employed and living in The Netherlands for the last 16 years.
I have a Ukrainian wife (ukraninan passport) with a 5 year residence permit, we have a 3 month old daughter who has a British passport.
We would like to return to the uk and I believe the Surender Singh would be our best option?
What do we need to do, apply for etc
And how can we apply for british citizenship for my wife?
Thanks in advance for any help advice

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Surinder Singh via Netherlands

Post by noajthan » Sun May 08, 2016 3:04 pm

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Surinder Singh via Netherlands

Post by noajthan » Sun May 08, 2016 3:17 pm

Andygoesdutch wrote:Hi,
I'm a british man working self employed and living in The Netherlands for the last 16 years.
I have a Ukrainian wife (ukraninan passport) with a 5 year residence permit, we have a 3 month old daughter who has a British passport.
We would like to return to the uk and I believe the Surender Singh would be our best option?
What do we need to do, apply for etc
And how can we apply for british citizenship for my wife?
Thanks in advance for any help advice
To return to UK and keeping things simple, your wife would be advised to apply for a FP to enter UK.
See https://www.gov.uk/family-permit/surinder-singh

Alternately you can go commando and enter UK like this (if you can board a flight or else travel by ferry/Eurostar):
https://eumovement.wordpress.com/2010/0 ... to-travel/
- the Dutch-issued RC may also be accepted for entering UK, (not sure).

Once in UK, your wife applies for an optional RC. This demonstrates her right to reside, work, study in UK.
See https://www.gov.uk/apply-for-a-uk-resid ... ligibility

Note: As a returning SS-er, you as the British sponsor/spouse (& proxy EEA national) no longer has to exercise treaty rights (ie once in UK).

After 5 years residency in UK your wife should have acquired PR. (Wife's activities in the UK are immaterial, as long as legal ofcourse).
This assumes you remain married, wife has no prolonged absences from UK, and there's no Brexit (otherwise who knows...).

Once wife has acquired PR in UK she can apply for a confirmation of PR card.
https://www.gov.uk/government/publicati ... orm-eea-pr

Then, once wife has her PR card, she, as the spouse of a BC, can immediately shoot for the privilege of citizenship and the holy grail of British passport.

Note: These are 2 further and separate application procedures, each with their own rules and requirements to be met (and their own timelines).

Don't forget to prepare for the proof of English and also LITUK tests.
Come back in about 4 years or so to see what the latest rules for naturalisation are at the time.

So you can see wife should be British and the proud holder of a British passport in just over 5 or 6 years.

And you thought The Netherlands was bureaucratic!
Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Andygoesdutch
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Posts: 18
Joined: Sun May 08, 2016 2:38 pm

3 years or 5 years

Post by Andygoesdutch » Sun May 08, 2016 3:19 pm

Hi,
I'm a British man living and working in the Netherlands for the last 16 years,
Myself, my ukraninan wife and child intend to return to the uk via the surrender Singh route,
Will my wife need to wait 3 years or 5 years before she can apply for British Citizenship?
Thanks in advance

Andygoesdutch
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Posts: 18
Joined: Sun May 08, 2016 2:38 pm

16 years away, can I claim?

Post by Andygoesdutch » Sun May 08, 2016 3:22 pm

Hi,
I'm British and hope to return home to the uk soon with my Ukrainian wife and child via the surrender Singh route.
I've been away for 16 years, will I/we be able to claim any benefits?
Thanks in advance

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: 3 years or 5 years

Post by Wanderer » Sun May 08, 2016 3:23 pm

Five.
An chéad stad eile Stáisiún Uí Chonghaile....

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: 16 years away, can I claim?

Post by noajthan » Sun May 08, 2016 3:53 pm

Andygoesdutch wrote:Hi,
I'm British and hope to return home to the uk soon with my Ukrainian wife and child via the surrender Singh route.
I've been away for 16 years, will I/we be able to claim any benefits?
Thanks in advance
You will, after passing the HRT:
https://www.citizensadvice.org.uk/benef ... -benefits/

PS Welcome back.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Andygoesdutch
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Posts: 18
Joined: Sun May 08, 2016 2:38 pm

Re: Surinder Singh via Netherlands now returning to UK

Post by Andygoesdutch » Sun May 08, 2016 9:09 pm

Thank you so much for the detailed reply and links, it's very much appreciated.
And yes the Dutch do love a good paper chase so nothing new for me :)

member
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Re: Surinder Singh via Netherlands now returning to UK

Post by member » Sun May 08, 2016 11:45 pm

Andygoesdutch wrote:Hi,
I'm a british man working self employed and living in The Netherlands for the last 16 years.
I have a Ukrainian wife (ukraninan passport) with a 5 year residence permit, we have a 3 month old daughter who has a British passport.
We would like to return to the uk and I believe the Surender Singh would be our best option?
What do we need to do, apply for etc
And how can we apply for british citizenship for my wife?
Thanks in advance for any help advice
How long has your wife been in the Netherlands?

Andygoesdutch
Newly Registered
Posts: 18
Joined: Sun May 08, 2016 2:38 pm

Re: Surinder Singh via Netherlands now returning to UK

Post by Andygoesdutch » Mon May 09, 2016 7:12 pm

It will be 2 years in September
Your thinking about a dutch passport?

Andygoesdutch
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Posts: 18
Joined: Sun May 08, 2016 2:38 pm

How soon to apply for a resident card?

Post by Andygoesdutch » Wed Oct 05, 2016 7:17 pm

Hi All,
Myself (British Citizen) my Ukrainian wife and our British Daughter born in The Netherlands, recently returned to the UK (less than a week ago) via Surrender Singh and obtained a Family Permit, I Had been working self employed in the Netherlands for the past 16 years and have been married and living with my wife there the last 2 years.
Now we are in the UK I have already started a job but living in temporary accommodation (static caravan) we are keen to apply for a resident card,
Firstly, should we wait until we have a permanent address? Or is it fine to give my parents address?
Secondly, I read somewhere that my wife actually doesn’t need a resident card?
Thirdly, do we really need to again submit all the paperwork to prove centre of life and proof of self employment? We obviously only just did this for the family permit?
Any help tips or advice would be greatly received.
Thanks in advance
Andy

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: How soon to apply for a resident card?

Post by noajthan » Wed Oct 05, 2016 9:49 pm

1) You need some address that relates to you.

2) RC is optional; merely confirmatory.

3) Yes. And some fail despite FP.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Andygoesdutch
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Posts: 18
Joined: Sun May 08, 2016 2:38 pm

Re: How soon to apply for a resident card?

Post by Andygoesdutch » Thu Oct 06, 2016 6:10 am

So should point 3 fail, would the family permit be revoked?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: How soon to apply for a resident card?

Post by noajthan » Thu Oct 06, 2016 7:57 am

Andygoesdutch wrote:So should point 3 fail, would the family permit be revoked?
Depends on the reason.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Andygoesdutch
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Posts: 18
Joined: Sun May 08, 2016 2:38 pm

Residence card and outstanding dutch taxes

Post by Andygoesdutch » Tue Dec 06, 2016 7:18 am

Hi all,
Would the fact that I have outstanding taxes in the Netherlands cause a problem for my ukranian wife's UK resident card application via surrender singh ?
Thanks in advance

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Surinder Singh via Netherlands now returning to UK

Post by noajthan » Tue Dec 06, 2016 8:44 am

Posts merged.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Residence card and outstanding dutch taxes

Post by noajthan » Tue Dec 06, 2016 8:51 am

Andygoesdutch wrote:Hi all,
Would the fact that I have outstanding taxes in the Netherlands cause a problem for my ukranian wife's UK resident card application via surrender singh ?
Thanks in advance
There is no mention in Directive 2004/38/EC that Andy must promise to pay his taxes.
Although the stability of the Euro may depend on it.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Andygoesdutch
Newly Registered
Posts: 18
Joined: Sun May 08, 2016 2:38 pm

Re: Surinder Singh via Netherlands

Post by Andygoesdutch » Tue Dec 06, 2016 9:21 am

noajthan wrote:
Andygoesdutch wrote:Hi,
I'm a british man working self employed and living in The Netherlands for the last 16 years.
I have a Ukrainian wife (ukraninan passport) with a 5 year residence permit, we have a 3 month old daughter who has a British passport.
We would like to return to the uk and I believe the Surender Singh would be our best option?
What do we need to do, apply for etc
And how can we apply for british citizenship for my wife?
Thanks in advance for any help advice
To return to UK and keeping things simple, your wife would be advised to apply for a FP to enter UK.
See https://www.gov.uk/family-permit/surinder-singh

Alternately you can go commando and enter UK like this (if you can board a flight or else travel by ferry/Eurostar):
https://eumovement.wordpress.com/2010/0 ... to-travel/
- the Dutch-issued RC may also be accepted for entering UK, (not sure).

Once in UK, your wife applies for an optional RC. This demonstrates her right to reside, work, study in UK.
See https://www.gov.uk/apply-for-a-uk-resid ... ligibility

Note: As a returning SS-er, you as the British sponsor/spouse (& proxy EEA national) no longer has to exercise treaty rights (ie once in UK).

After 5 years residency in UK your wife should have acquired PR. (Wife's activities in the UK are immaterial, as long as legal ofcourse).
This assumes you remain married, wife has no prolonged absences from UK, and there's no Brexit (otherwise who knows...).

Once wife has acquired PR in UK she can apply for a confirmation of PR card.
https://www.gov.uk/government/publicati ... orm-eea-pr

Then, once wife has her PR card, she, as the spouse of a BC, can immediately shoot for the privilege of citizenship and the holy grail of British passport.

Note: These are 2 further and separate application procedures, each with their own rules and requirements to be met (and their own timelines).

Don't forget to prepare for the proof of English and also LITUK tests.
Come back in about 4 years or so to see what the latest rules for naturalisation are at the time.

So you can see wife should be British and the proud holder of a British passport in just over 5 or 6 years.

And you thought The Netherlands was bureaucratic!
Good luck.
We made it here to the uk on a family permit in September.
So no longer exercising my treaty rights would mean what to me exactly? Would there be a more simple process for a residence card? Only I'm a little worried about applying for a resident card because I still owe some taxes in the Netherlands, would this cause problems?
Or is there a better route or solution?
Thanks in advance

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Surinder Singh via Netherlands

Post by noajthan » Tue Dec 06, 2016 9:24 am

Andygoesdutch wrote:We made it here to the uk on a family permit in September.
So no longer exercising my treaty rights would mean what to me exactly? Would there be a more simple process for a residence card? Only I'm a little worried about applying for a resident card because I still owe some taxes in the Netherlands, would this cause problems?
Or is there a better route or solution?
Thanks in advance
It means its your choice if you work or not in UK.

To obtain aUK RC for wife you still need to submit all appropriate evidence from your Netherlands gig.

As intimated (above) there is no good character requirement in EU-related applications (as per EU law). And anyway you are not the applicant for a RC.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Andygoesdutch
Newly Registered
Posts: 18
Joined: Sun May 08, 2016 2:38 pm

Certified passport copy

Post by Andygoesdutch » Tue Feb 07, 2017 8:27 am

Hi all,
Can we submit a certified copy of my British passport with my wife's resident card application? I need to travel in April and am worried I may not get it back in time.
Thanks in advance
Andy

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Surinder Singh via Netherlands now returning to UK

Post by noajthan » Tue Feb 07, 2017 9:23 am

Posts merged.

Needs to be original. Suggest apply after travel.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Andygoesdutch
Newly Registered
Posts: 18
Joined: Sun May 08, 2016 2:38 pm

Re: Surinder Singh via Netherlands now returning to UK

Post by Andygoesdutch » Wed Feb 08, 2017 11:22 am

Is there a time limit to apply within? We arrived end of September on a family permit?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Surinder Singh via Netherlands now returning to UK

Post by noajthan » Wed Feb 08, 2017 11:28 am

Andygoesdutch wrote:Is there a time limit to apply within? We arrived end of September on a family permit?
No.
RC is optional although useful.

You have to be a qualified person.
RC simply confirms applicant's status - it doesn't confer it.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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