Surinder Singh Case and requirements

[JAMAA]

Hello all
I will tell you about my story here and i need some help from other colleagues if they can.

I am British Citizen i have 2 children also British Citizen holding British Passport, My Wife Non EU family member (Iraqi), In Feb 2015 applied for Schengen Visa from Austrian VAC in Erbil/ Iraq, granted visa after SOLVIT intervene on 20.6.2015 - 17.9. 2015 for periods 90 days.

we all travelled on 6.8.2015 to Vienna, we arrived same day in Linz- Austria- without any problem.
I registered with Council ( which is a law to register within 3 days) on 7.8.2015.
I went to Job Centre (called AMS in Austria) for registering, i have registered on that day.

on 9.9.2015 i start working at telephone shop repair, and on 1/10/2015 we were issued with Registration Certificate (me and 2 children) but my wife need applying next month as my pay slip low (should be at least for one month 1200 euros), i changed my job to full time in October.
on 30.10.2015 my wife granted residence card for 5 years.
i went to Linz Airport to come back to UK, but airlines ask for Visa or Family permit (most people can,t distinguish between visa and family permit) so they refused to sell ticket for my wife.
I contacted the EU Advice Centre, they advice me to get family permit to minimise the risk of entry refusal,
Or to go with some documents like 3 months pay slips and marriage certificate and all residence documents and passports and etc
on 12.11.2015 I found minibus on bla bla apps. a car from Hungarian to London, i agreed with him to pick up from linz to London for about 270 euros for 4 people.
on 12.11.2015 at 1am at night the minibus took us without any problem, we arrive at Calais UK Border Agency at 14:00 the immigration Officer asked me many question and she said you should stayed at least 6 months in Austria, i said there no this regulations under EEA. she took the papers to the manager and come back twice she was not satisfy with paper but in the end she came back with 6 months stamped admitted to UK.
Now i am print the EEA application for Residence Card for my wife, please could tell me what documents should i send with application i will be very grateful for everyone can help me. many thanks

[JAMAA]

Please i need help from colleagues regarding supporting documents for Residence Card under Surinder Singh Judgments, if anybody has got successful case, i have 2 months working in Austria and 1 months on Job centre Do you think will be accept for Surinder Singh we all at the moment living in UK, i need also to translator document to English,

many thanks everyone can advice me or remind me if some thing feel import to my Surinder singh case for Residence Card, i have not submitted yet.

[Casa]

2 months of employment may not be sufficient to prove a real intention to move the centre of your life to the EU state. You will be expected to show that you had integrated into local life...learning the language, children registered in school or nursery, tenancy agreement etc. Did you continue to retain property in the UK?

[JAMAA]

Thank you very much Casa for your reply, i did not continue retain property in UK. when we came back on 12.11.2015 we have not have any place here to live we stayed at friend and we rented late.

I change my centre of Life to Austria by registered my kid in nursery (kindergarten), i got residence address there my working was there, i have bank account i have library card, family card we have registration certificate and residence card for my wife. i have registered with Job centre there i stayed in Austria more than 3 months. i am not sure if Surinder Singh case apply in my case or no, i have a lot of documents but problem with translations they cost too much.

[JAMAA]

Hello All

As I told you that my wife has got Residence Card valid for 5 years from Austria (2015-2020)
So she can travel with me to all 32 countries in EEA and Switzerland, only one country make thing complicate it is UK.

This Residence CARD ISSUD under Article 10 EEA Immigration Regulations 2004/38 EC.


Dear Friends only for your information please read the link below: it is about Home Office Published May/2015 that ( No Visa need or Family Permit for the HOLDER OF ARTICLE 10 RESIDENCE CARD) i know this apply for Non EU national with EU national BUT,,,,, Not For Nou EU national and British Citizen, very rediculous.

https://www.gov.uk/government/publicati ... dence-card.

thanks

[JAMAA]

Dear All

translation from German to English very expensive, i have got too many documents to translate to support my wife Residence Card, i can translated my myself as learned germany in Austria but i am not sure will acceptable. i need feedback from yours.

many thanks

[Casa]

In my opinion a 'self-translation' of documents won't be sufficient. The case worker will want confirmation of what is contained in the documents and to be frank, you could write whatever you want...or at least that's the view the case worker is likely to take.

[River]

Dear Jamaa,

I hope you have sorted out your spouse's application for Residence card in the UK.

I will appreciate if you can share more information about your experience in acquiring Austrian entry visa for your spouse. Information such as the type of visa applied for, the form used, the documents submitted and also if you can share the cover letter you submitted with your application.

Many thanks in advance.

Regards
Abr

[JAMAA]

Dear River

I am very sorry for late reply because i was busy with Residence Card in the UK.

About your questions i will answer as much as i can.

Type of Visa is called Schengen visa for visiting, application available in any country within Visa Application Centre, and support documents, Passports (both copy) , Marriage Certificate, Bank statement, Health Insurance, prebooked Flight ticket, photos,
fill application in VAC submit to them personally, and after 2-4 weeks they make a decision,

in my case they refused because lack of support documents, but in the end they grant visa.

[River]

Hello Jamaa,

Thank you for your response to my post.

Is health insurance compulsory for this type of visa? I though family member of EU citizen don't need one?
What language did you translate your original documents to? I have already translated my documents to English, do you think they accept this?

Sorry for too many questions, there isn't much information about this type of visa to Austria.

Thanks
Abr

[JAMAA]

Hi

I translated my documents from Arabic into English, they accepted documents in English is fine in all time, even in Austria they accept English Documents.

About Health Insurance is required for an applicant to get Schengen Visa to Austria even if the applicant is a member of EU national.

[JAMAA]

Dear all

I have submitted my spouse application for residence Card on 09.01.2016 sent by recorded delivery to Home Office in Durham. received on 12.01.2016. Residence Card on the basis of Surinder Singh Case. that mean British Citizen become European Citizen.

now i am waiting for Bio metric Letter and COA.

thanks

[member]

Hello all
I will tell you about my story here and i need some help from other colleagues if they can.

I am British Citizen i have 2 children also British Citizen holding British Passport, My Wife Non EU family member (Iraqi), In Feb 2015 applied for Schengen Visa from Austrian VAC in Erbil/ Iraq, granted visa after SOLVIT intervene on 20.6.2015 - 17.9. 2015 for periods 90 days.

we all travelled on 6.8.2015 to Vienna, we arrived same day in Linz- Austria- without any problem.
I registered with Council ( which is a law to register within 3 days) on 7.8.2015.
I went to Job Centre (called AMS in Austria) for registering, i have registered on that day.

on 9.9.2015 i start working at telephone shop repair, and on 1/10/2015 we were issued with Registration Certificate (me and 2 children) but my wife need applying next month as my pay slip low (should be at least for one month 1200 euros), i changed my job to full time in October.
on 30.10.2015 my wife granted residence card for 5 years.
i went to Linz Airport to come back to UK, but airlines ask for Visa or Family permit (most people can,t distinguish between visa and family permit) so they refused to sell ticket for my wife.
I contacted the EU Advice Centre, they advice me to get family permit to minimise the risk of entry refusal,
Or to go with some documents like 3 months pay slips and marriage certificate and all residence documents and passports and etc
on 12.11.2015 I found minibus on bla bla apps. a car from Hungarian to London, i agreed with him to pick up from linz to London for about 270 euros for 4 people.
on 12.11.2015 at 1am at night the minibus took us without any problem, we arrive at Calais UK Border Agency at 14:00 the immigration Officer asked me many question and she said you should stayed at least 6 months in Austria, i said there no this regulations under EEA. she took the papers to the manager and come back twice she was not satisfy with paper but in the end she came back with 6 months stamped admitted to UK.
Now i am print the EEA application for Residence Card for my wife, please could tell me what documents should i send with application i will be very grateful for everyone can help me. many thanks

Do you mind telling the wording of the stamp?

[JAMAA]

Hello

I don't mind. this is:

Admitted to the United Kingdom on basis of Immigration (EEA) requlations 2006.

six months (hand written by pen)

[JAMAA]

Hi

the 6 months stamp called (( Code 1 A stamp) usually grant at ports like (Dover or Calais) similar to Family Permit, but to be honest i have some problem here nobody knows about this stamp even it is legal stamp, for example i went to register my wife with GP (walk in Centre) sheffield, they register on emergency list for 3 months. also bank account has problem. but i am waiting for COA.

[JAMAA]

Hi all

today i have received a Bio metric Letter by Home Office, we went to Post Office and we done.

We received NINO also from Newport Job centre Plus, so stamp 1A is recognised by Job Centre, she applied for NINO on 08/01/2016 and she recived today the Number.

[JAMAA]

Still I am waiting for COA ( Confirmation Of Application) by Home Office, nearly one month from 9.1.2016 to 6.2.2016 and tomorrow is Sunday no post comes.

I don't know how long will take to get Confirmation of Application (COA) by home Office any feed back by all members will be highly appreciated.

[JAMAA]

Good News !

This morning received CERTIFICATE OF APPLICATION (COA) WITH RIGHT OF EMPLOYMENT.

Application submitted on 09.01.2016
Biometric Letter was issued 27.01.2016
COA issued 08.02.2016

I should update all if we received Big news which is Residence Card.

thanks to forum

[goran.r58]

Hi Jamaa
I am thinking to apply for the same visa in Erbil , how long do you have to wait to get the visa?

[JAMAA]

you will get decision within 30-35 days, sometimes within 3 weeks.

[goran.r58]

you will get decision within 30-35 days, sometimes within 3 weeks.

what documents do you need ? did you need to translate any o f them? how did you do it? and some more quesions do you mind if you could email me to xxxxx you seems to live in sheffield , i live there too.
thanks

Moderator edit: personal email removed as a safeguard for member against spammers who trawl the forum.

[JAMAA]

they need these documents:-
marriage certificate
bank statements
passports of both
Health Insurance for applicant only
2 photos
translated to English need all document which are not in English.

xxxxxxxxxxxx

[JAMAA]

Today i contacted the Home Office on 03001232253 asking to return our passport, he advise me to visit www.gov.uk on research bar write: documents back and fill the form through.


thanks

[JAMAA]

Hello all

on 8th March 2016 requested Return Of Documents (passports only) should come back within 10 working days, but that not happen!

Today I filled another Form which mean if you not return your documents within 10 days should fill this form,

Now waiting for email or phone about my request!

Does anyone had a same situation not return within 10 working days?

any feedback by all will be appreciate

thanks

[JAMAA]

Today we have received our passports back from LIVERPOOL BY ROYAL MAIL Recorded Delivery at 12:51 with a letter from Home Office confirming that 2 passports has been return dated letter 20/03/2016 which Sunday!

a letter advise my Partner Non EU family member to obtain Family Permit when Return to the UK if she travel outside.

my wife had been got (code 1 A stamp) for 6 months from 12/11/2015 until 12/05/2016.

please Can she return back to UK with stamp 1 A ?

I will be very grateful for any help.