Immigrationboards.com

I have written on another thread, but I thought I would write it here since it is more relevant under this area.
http://www.immigrationboards.com/viewto ... 986#426986

In summary, I live and work in the UK, and is a British Citizen, my girlfriend/fiancée is based in Poland, she is Vietnamese, but got a Polish Permanent Residency. We have tried for a Visitor Visa and got refused twice.

I am now looking into the EEA Route/The Surinder Singh Route (please correct me if the two are different). I have read on a few websites (some from this forum), but still a little unclear about some details which I hope someone could help me.

1) When I travel to an EEA state member, do I need to register, inform or fill in any official document?

2) It said that I would need to work in an EEA state member for at least 6 months before planning to return to the UK, however is there any minimum time on how long I need to be married for?

3) Also during my time in an EEA state, can I travel back to the UK for a short duration (2 or 3 days), or is it better that I stay outside of the UK for the whole during of my stay in the EEA country?

4) Also, do you know if there are anywhere in the UK where I can go to or call for more advice on the process, and would I need to involve a solicitor?

5) Would you advice on doing this or should I just register with her in Poland and apply for a Spouse Visa?

This is a big step to take and hope to get as much as advice and tips from people that have or are going through the same thing right now.

Many thanks in advance.

hn wrote:
I am now looking into the EEA Route/The Surinder Singh Route (please correct me if the two are different).

They are pretty much synonymous terms. The EEA route for UK nationals who wish to evoke EU law to secure EU residency rights for their 3rd country national family members, after working in another member state is the Surinder Singh Route.

hn wrote: I have read on a few websites (some from this forum), but still a little unclear about some details which I hope someone could help me.

1) When I travel to an EEA state member, do I need to register, inform or fill in any official document?

This Link provides information on how the law is implemented in Polish national law.

hn wrote:2) It said that I would need to work in an EEA state member for at least 6 months before planning to return to the UK, however is there any minimum time on how long I need to be married for?

The six months rules is a UK made rule to prevent abuse, but it has no legal basis in community law and it is not an absolute rule. However, you are expected to have performed a genuine and effective economic activity ( Employed or Self-Employed) inorder to qualify. Activity which is ancillary or marginal in nature does not count.

hn wrote:3) Also during my time in an EEA state, can I travel back to the UK for a short duration (2 or 3 days), or is it better that I stay outside of the UK for the whole during of my stay in the EEA country?

You are certainly allowed to come to the UK now and again freely, that is the whole point of the internal market. A frontier without any external borders, where freedom is ensured. Exercising treaty rights does not mean losing ties with your home nation. The most important thing is that you are exercising an effective and genuine treaty right.

hn wrote:4) Also, do you know if there are anywhere in the UK where I can go to or call for more advice on the process, and would I need to involve a solicitor?

Solvit, the European Commission, or Citizen Signpost, might be helpful. You can get a solicitor is you so wish, but it is you choice. I personally don't think it is necessary in complex free cases.

hn wrote:5) Would you advice on doing this or should I just register with her in Poland and apply for a Spouse Visa?

You can apply for a Spouse visa by all means, once you are married or apply for a fiance visa and get married in the UK, entirely your choice. This route is the national route. It is pretty expensive and subject to the accommodation and maintenance requirement, and relationship can face more scrutiny than the EU route. It is a much faster route to settlement and Citizenship. It would also mean, you don't have to give up your job and life and start all over again. Again the choice is yours to make

hn wrote:This is a big step to take and hope to get as much as advice and tips from people that have or are going through the same thing right now.

It is a big step indeed and you need to be very focused to make the right choice.

I wish you the best in the decision making process.

Woh, thank you so much Obie, I really appreciated all of you help and advice, you really clear up a lot of thing for me.

I will look into it and start preparing myself. I hope I could come to you again if any more question arrived regarding the EEA Route.

Many thanks again.

Hello

I need to decide soon of what is the best method for me to be with my fiancée in the UK. I am willing to give up my jobs and move over Poland or do what it take, just not sure which path have the best chance to bring her over to the UK. I hope that someone could help me clear a few more questions. Many thanks in advance.

1) It stated that I have to/should have worked in an EU country for at least 6 months, do we also have been married for at least 6 months (i.e. is there a minimum amount of time in which we have to be married for).

2) Is this the procedure for the EEA Route/The Surinder Singh Route (please correct me if I’m wrong)?
-Move to an EU country (Poland)
-Register with a local Council
-Work for at least 6 months (living with partner)
-Returning to the UK, excise the EU right to bring spouse back to the UK.

3) Between Spouse Visa and EEA Route/The Surinder Singh Route.
Which path has a higher chance of success?
Which path is less complicated (regarding Application procedure)?
Which path cost more (does it cost anything to excise my EU right through the EEA Route/The Surinder Singh Route)?

[quote="hn"]Hello

I need to decide soon of what is the best method for me to be with my fiancée in the UK. I am willing to give up my jobs and move over Poland or do what it take, just not sure which path have the best chance to bring her over to the UK. I hope that someone could help me clear a few more questions. Many thanks in advance.

1) It stated that I have to/should have worked in an EU country for at least 6 months, do we also have been married for at least 6 months (i.e. is there a minimum amount of time in which we have to be married for).



2) Is this the procedure for the EEA Route/The Surinder Singh Route (please correct me if I’m wrong)?
-Move to an EU country (Poland)
-Register with a local Council
-Work for at least 6 months (living with partner)
-Returning to the UK, excise the EU right to bring spouse back to the UK.

3) Between Spouse Visa and EEA Route/The Surinder Singh Route.
Which path has a higher chance of success?
Which path is less complicated (regarding Application procedure)?
Which path cost more (does it cost anything to excise my EU right through the EEA Route/The Surinder Singh Route)?[/quote][color=blue][/color][color=green][/color][b]


hi

we have just successfully received our family permit into uk using surinder singh route.

1. you have to have been exercising treaty rights in another member state, ie working or self employed. it must be genuine. it does not have to be six months, their is no time limit.

2. as long as you are legally and genuinly married doesnt matter how long for.

for surinder singh, you need to move, get job and house, pay tax or register self employed, gather a few documents such as utility bills. be genuine in everything. your partner can join you instantly if you are married. the fees cost nothing. difficult for them to refuse if you do everything correctly.

for spouse visa into uk you need to be married, financially well off, have accomodation, full time employment or self employment, satisfy all immigration conditions and pay 600 fees, refusal rates are said to be high.

of course im no expert but those are what i think to be correct.

good luck
[/b]

is the surinder route only for wives/husbands/patners.

what about extended family members.