Can Surinder Singh ruling be revoked by UK ?

Graham Weifang · Post by **Graham Weifang** » Fri Apr 26, 2013 2:11 pm

Hello all,

Just a simple question.

Can the UK one day decide that as far as they are concerned, people applying for enty to UK via Surinder Singh, will denied forthwith.

Could it happen?

gra.

Post by **vinny** » Fri Apr 26, 2013 2:23 pm

No, unless the UK withdraws from the EEA.

wiggsy · Post by **wiggsy** » Fri Apr 26, 2013 6:15 pm

and even then... not once the spouse has gained PR... UK cannot remove PR from somebody once it is gained, unless they are absent from country for over 2 years...

Post by **EUsmileWEallsmile** » Fri Apr 26, 2013 6:17 pm

No, put new cases can have the effect of a review. I'd read that the Dutch were looking to have some points clarified at the ECJ such as length of time required before return and other matters (don't have a link to hand).

wiggsy · Post by **wiggsy** » Fri Apr 26, 2013 6:27 pm

EUsmileWEallsmile wrote:I'd read that the Dutch were looking to have some points clarified at the ECJ such as length of time required before return and other matters (don't have a link to hand).

but the fact that an EU citizen is automatically qualified in the UK, should mean that a national should automatically be qualified from day one - I really hope the ECJ judgment states this to be the case - just to "mess" over the likes of UKBA who try to mess with family life.

Post by **EUsmileWEallsmile** » Fri Apr 26, 2013 10:09 pm

My post was meant to be specific to Singh.

Graham Weifang · Post by **Graham Weifang** » Sat Apr 27, 2013 3:29 am

Thank you very much to all who have replied.

So for the forseable future, Surinder Singh is a legal bona fide route, providing legitimate and honest marriage is proven.
And also one works and lives in another EU country (but not ones own national country) for an unspecified time, usually around 3 months.

Still correct?

Gra,

Post by **vinny** » Sat Apr 27, 2013 4:10 am

Seems so.

Post by **Obie** » Sat Apr 27, 2013 3:44 pm

EUsmileWEallsmile wrote:No, put new cases can have the effect of a review. I'd read that the Dutch were looking to have some points clarified at the ECJ such as length of time required before return and other matters (don't have a link to hand).

also see

S

and

O

dalebutt · Post by **dalebutt** » Sat Apr 27, 2013 5:19 pm

Obie wrote:
EUsmileWEallsmile wrote:No, put new cases can have the effect of a review. I'd read that the Dutch were looking to have some points clarified at the ECJ such as length of time required before return and other matters (don't have a link to hand).
also see

S

and

O

Obie and Vinny top notch, good references. Thank you

Post by **EUsmileWEallsmile** » Sat Apr 27, 2013 8:02 pm

Obie wrote:
also see

S

and

O

Thanks Obie.

wiggsy · Post by **wiggsy** » Sun Apr 28, 2013 12:39 am

Obie wrote:
also see

S

and

O

I particularly like S... and O is going to be very interesting...

As a result of the time which elapsed between the return of the Union citizen to the Member State of which he is a national and the arrival of the family member from a third country in that Member State, in circumstances such as those of the present case, has there been a lapse of possible entitlement of the family member with third-country nationality to a right of residence derived from Union law?

just goes to show that the Dutch believe that directive 2004/38/EC can be applied ongoing - but want clarification

Lets hope they are ALL positive results for us... (and not the home office [and simular]).

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Can Surinder Singh ruling be revoked by UK ?

Can Surinder Singh ruling be revoked by UK ?