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Does the latest new EU Deal bring any effect to Surinder Singh route route?

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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Waytoofar
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Does the latest new EU Deal bring any effect to Surinder Singh route route?

Post by Waytoofar » Sat Feb 20, 2016 6:23 am

Hello,
Does anyone know if the latest UK's new EU deal bring any effect/change/or higher thresholds to surinder Singh rout? because our family is going to use that route soon, I am very worried the new deal brings higher thresholds in Surinder Singh route route and make the plan not able to work out.
Thank you
Waytoofar..

LilyLalilu
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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by LilyLalilu » Sat Feb 20, 2016 8:50 am

As far as I am aware there is nothing in there regarding Surinder Singh so you should be fine, however, probably good to do Surinder Singh as soon as you can as you never know what may change next in this country :|
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

Waytoofar
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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by Waytoofar » Sat Feb 20, 2016 9:27 am

Thank you Lily, Yes, never know what will change next, better to do it asap, it is so true. We need to hurry up.

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Casa
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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by Casa » Sat Feb 20, 2016 9:54 am

This passage from David Cameron's speech last night, suggests that the Surinder Singh route may well be affected:
Migration
"And an end to the ridiculous situation where EU nationals can avoid British immigration rules when bringing their families from outside the EU."
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Waytoofar
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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by Waytoofar » Sat Feb 20, 2016 12:55 pm

Casa wrote:This passage from David Cameron's speech last night, suggests that the Surinder Singh route may well be affected:
Migration
"And an end to the ridiculous situation where EU nationals can avoid British immigration rules when bringing their families from outside the EU."
Casa, do you know when we will start to get affected by the new rules? if we go to Ireland for 6 month and the law changes doesnt allow us to go to UK anymore via Surinder Singh route route, can we apply Irish permanent residence ?

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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by Casa » Sat Feb 20, 2016 1:27 pm

Impossible for anyone to say at this stage. I assume that you would be able to settle permanently in Eire if you continued to exercise your Treaty rights there.
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Waytoofar
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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by Waytoofar » Sat Feb 20, 2016 2:23 pm

Casa wrote:Impossible for anyone to say at this stage. I assume that you would be able to settle permanently in Eire if you continued to exercise your Treaty rights there.
Thank you for sharing information)))it helps.

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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by Richard W » Sat Feb 20, 2016 4:48 pm

LilyLalilu wrote:As far as I am aware there is nothing in there regarding Surinder Singh so you should be fine, however, probably good to do Surinder Singh as soon as you can as you never know what may change next in this country :|
The clarification that will hit the core part from the Surinder Singh judgement is:
Member States can address specific cases of abuse of free movement rights by Union citizens returning to their Member State of nationality with a non-EU family member where residence in the host Member State has not been sufficiently genuine to create or strengthen family life and had the purpose of evading the application of national immigration rules.
This is being interpreted that the current UK rules on Surinder Singh should not be overturned by the courts. This clarification is due to be issued after the referendum, and, to be honest, I expect it whatever the verdict. I think Denmark and the Netherlands would like it. It may be effective against the 'Belgian route', the Dutch version of Surinder Singh, which also has a Danish version.

The killer for most users of the Surinder Singh route will be the proposed removal of free movement rights from non-EEA spouses who did not have lawful residence before marrying the EEA spouse. This directive might not come into effect until early 2017. This is probably contrary to the treaties, but it is probably lawful to require that initial entry into the EEA be under national law. This may result in commercial Surinder Singh packages moving to Italy, whose national law is currently the most liberal - reportedly the same as EU law. There will then be a logjam until the unlawful parts of the directive are overturned in court.

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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by Casa » Sat Feb 20, 2016 5:01 pm

One would assume that Eire would welcome it, considering the high influx of migrants currently using Surinder Singh route as a back door route into the UK.
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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by Obie » Sat Feb 20, 2016 5:49 pm

Surinder Singh is a right emanating from the treaties.

The court in OB C-456/12 , Singh and Eind have all ruled on its effect and scope.

UK or the court cannot implement changes to it that are contrary to the views of the European Court of Justice.

It is like saying the UK can legislate contrary to the views of its supreme court, without making changes to the primary legislation on the basis of which the Supreme court made its ruling.

That will just be absurd to put it mildly.
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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by logical_1 » Sat Feb 20, 2016 11:52 pm

What would happen to people who are already in their host state or are going to be in their host state before the referendum?
Surely, if they have been been issued Schengen visas or Residence cards on the basis of freedom of movement,they can continue with their Surinder Singh route route under the current rules ?
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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by Richard W » Sun Feb 21, 2016 10:47 am

We do not know what will happen to family members who are non-EEA nationals who cease to qualify for free movement. It has probably not been thought through. As the change will be made to clamp down on 'abuse', they will very probably be unable to move to any other EEA state under EEA rules. The worst case is that they will lose their right of residence in the host state, and I think that's quite possible for those for whom the UK (or Denmark) is the host state.

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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by nemerkh » Sun Feb 21, 2016 11:12 am

http://www.theguardian.com/uk-news/2016 ... t-eu-rules

This article suggests Surinder Singh route route is the one they are targeting

Waytoofar
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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by Waytoofar » Mon Feb 22, 2016 1:32 am

nemerkh wrote:http://www.theguardian.com/uk-news/2016 ... t-eu-rules

This article suggests Surinder Singh route route is the one they are targeting
it mentioned in the article, "People are panicking", it is so true, at least I am panicking!!! Hope things will go well.

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Re: Does the latest new EU Deal bring any effect to Surinder Singh route route

Post by rosebead » Mon Feb 22, 2016 10:58 pm

It appears my thread was locked. When I posted, there was actually no thread that I could see immediately on the forum (I don't bother scouring through past pages) about how the EU renegotiation would affect the Surinder Singh route route, but it appears someone earlier today bumped this thread to the front page after I had posted. If I had seen this thread I would have posted here and not started a new thread.

To repeat what I said in brief, I think the Surinder Singh route route is effectively dead for most couples because of Case C-456/12 O & B. The case law means that the revised Directive can be applied by the home Member State to the couple on their return from the EU. This means that any couple that married outside of the EU while the non-EU national was resident there (I'd imagine that's most couples) can be made subject to the domestic immigration rules of the home Member State upon their return from the EU. If that's the case, it would be pointless doing the Surinder Singh route route and the Brit might as well have stayed at home.

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