ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

EU Withdrawal Agreement - Surinder Singh:

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

NikiGio
Member of Standing
Posts: 422
Joined: Wed Sep 19, 2018 11:18 am
Location: London
Mood:
Italy

Re: EU Withdrawal Agreement - Surinder Singh:

Post by NikiGio » Fri Nov 16, 2018 6:46 pm

Realised you commented on there, so you've already seen it.
I am not an immigration lawyer. My comments are opinions, not legal advice.

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

When to apply for Permanent Residence?

Post by mufc69 » Wed Nov 21, 2018 1:01 am

Hello my wife has been in the UK almost 5 years via surinder singh, is it true that she can apply from 5 years after marriage which would be 2017 as we were married in 2012? Even though she didn’t arrive in the UK until December 2013?

secret.simon
Moderator
Posts: 11028
Joined: Thu Feb 21, 2013 9:29 pm

Re: When to apply for Permanent Residence?

Post by secret.simon » Wed Nov 21, 2018 5:29 am

mufc69 wrote:
Wed Nov 21, 2018 1:01 am
is it true that she can apply from 5 years after marriage
No. It is after living with you as a spouse in the UK for five continuous years.

PR under EU law requires five continuous years of residence in the UK, except under specific limited circumstances (retirement in the UK after having worked abroad, etc).

If she entered the UK in December 2013, she should be able to apply next month.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

Re: When to apply for Permanent Residence?

Post by mufc69 » Wed Nov 21, 2018 8:10 am

I have not worked for 5 years continuous as I’ve had gaps in employment l, I haven’t been on jobseekers, what are my options?

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

Re: When to apply for Permanent Residence?

Post by mufc69 » Wed Nov 21, 2018 8:31 am

secret.simon wrote:
Wed Nov 21, 2018 5:29 am
mufc69 wrote:
Wed Nov 21, 2018 1:01 am
is it true that she can apply from 5 years after marriage
No. It is after living with you as a spouse in the UK for five continuous years.

PR under EU law requires five continuous years of residence in the UK, except under specific limited circumstances (retirement in the UK after having worked abroad, etc).

If she entered the UK in December 2013, she should be able to apply next month.
I have not worked for 5 years continuous as I’ve had gaps in employment l, I haven’t been on jobseekers, what are my options?

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

Can you work on expired UK residence card?

Post by mufc69 » Wed Nov 21, 2018 3:49 pm

Hello, I’d like to know if you can continue to work with the same employer on an expired UK residence card issued under Surinder Singh?

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Can you work on expired UK residence card?

Post by Obie » Wed Nov 21, 2018 5:36 pm

If you have a surinder singh righ, then the failure to have a document confirming this, does not preclude you from working.

Why have you not applied for a Permanent Residence card.
Smooth seas do not make skilful sailors

User avatar
CR001
Moderator
Posts: 86957
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Can you work on expired UK residence card?

Post by CR001 » Wed Nov 21, 2018 5:37 pm

Obie wrote:
Wed Nov 21, 2018 5:36 pm
Why have you not applied for a Permanent Residence card.
See the OPs numerous other posts and topics started on this subject, most recent one earlier today.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Can you work on expired UK residence card?

Post by Obie » Wed Nov 21, 2018 5:41 pm

Thanks Char. Most grateful. In light of Eind, a British Citizen do not need to be employed upon their return home.
Smooth seas do not make skilful sailors

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

Re: Can you work on expired UK residence card?

Post by mufc69 » Wed Nov 21, 2018 5:55 pm

Obie wrote:
Wed Nov 21, 2018 5:41 pm
Thanks Char. Most grateful. In light of Eind, a British Citizen do not need to be employed upon their return home.
Hi there and thanks for your reply 👍🏻

My wife will be here 5 years in 2 weeks time, although her residence card doesn’t expire until May 2019. We would have made an application for her permanent residency although I’m not too confident it would be successful as I’ve had breaks in employment and haven’t been working for 5 years continuous, I worked full time from when we arrived back in the UK until 2017 as I then left work to care for my daughter who has special needs and who I’m a carer for.

Does Eind still apply, the British citizen on returning doesn’t need to be working etc?

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

Re: Can you work on expired UK residence card?

Post by mufc69 » Wed Nov 21, 2018 7:11 pm

So you think it’s ok to go ahead and make an application for permanent residence using EIND?

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

Re: Can you work on expired UK residence card?

Post by mufc69 » Thu Nov 22, 2018 9:42 am

mufc69 wrote:
Wed Nov 21, 2018 5:55 pm
Obie wrote:
Wed Nov 21, 2018 5:41 pm
Thanks Char. Most grateful. In light of Eind, a British Citizen do not need to be employed upon their return home.
Hi there and thanks for your reply 👍🏻

My wife will be here 5 years in 2 weeks time, although her residence card doesn’t expire until May 2019. We would have made an application for her permanent residency although I’m not too confident it would be successful as I’ve had breaks in employment and haven’t been working for 5 years continuous, I worked full time from when we arrived back in the UK until 2017 as I then left work to care for my daughter who has special needs and who I’m a carer for.

Does Eind still apply, the British citizen on returning doesn’t need to be working etc?
BUMP

Does anyone know if EIND is still good law for Surinder Singh?

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

Surinder Singh - EIND

Post by mufc69 » Thu Nov 22, 2018 5:36 pm

Hello I would like to know does EIND caselaw still apply for those in the UK via Surinder Singh for purposes of applying for permanent residence ? Does the UK sponsor/qualified person must show economic activity on their return back to the UK for a continuous period of 5 years?

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

Re: Surinder Singh - EIND

Post by mufc69 » Thu Nov 22, 2018 8:38 pm

Anybody please? :?:

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

UK residence Card expired SS

Post by mufc69 » Tue Nov 27, 2018 8:21 pm

Hello I would like to know when a UK residence card issued under Surinder Singh expires, must you by law apply for permanent residence or apply for another residence card or just do nothing? :?:

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

PLEASE HELP - UK RC

Post by mufc69 » Wed Nov 28, 2018 2:40 am

Hello my wife is in the UK on a residence card issued under Surinder Singh, she will be here almost 5 years but I don’t think she can make an application for permanent residence as I, the british citizen have not been working the full 5 years, I’ve taken the last year out to look after my daughter who I get carers allowance for. If I return to work and make alternative arrangements for my daughter can I reapply for a residence card for my wife? What are my options 🙄

Please help 😏

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

Re: PLEASE HELP - UK RC

Post by mufc69 » Wed Nov 28, 2018 8:09 am

I’d like to add that I have never received jobseekers since leaving work to care for my daughter but I do receive carers allowance, I am not entitled to Jobseeker’s Allowance as my partners salary is too high.

Is it possible if we can make an application for PR stating that I was self sufficient for those remaining months? My wife is also covered by medical and health insurance through her work.

NikiGio
Member of Standing
Posts: 422
Joined: Wed Sep 19, 2018 11:18 am
Location: London
Mood:
Italy

Re: PLEASE HELP - UK RC

Post by NikiGio » Wed Nov 28, 2018 9:43 am

Do you have Comprehensive Sickness Insurance - or are you covered in your wife's health insurance?
I am not an immigration lawyer. My comments are opinions, not legal advice.

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

Re: PLEASE HELP - UK RC

Post by mufc69 » Wed Nov 28, 2018 9:55 am

I don’t have sickness insurance as I’m British citizen , my wife has health and dental insurance provided through her work.

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

Re: PLEASE HELP - UK RC

Post by mufc69 » Wed Nov 28, 2018 9:57 am

NikiGio wrote:
Wed Nov 28, 2018 9:43 am
Do you have Comprehensive Sickness Insurance - or are you covered in your wife's health insurance?
I spoke with UKBA this morning and they told me that even though I have not worked continuously for 5 years we could still apply as self sufficient based on my wife’s income even though we receive child benefit and child tax credit as she said it’s only classed as a top up from child benefit.

NikiGio
Member of Standing
Posts: 422
Joined: Wed Sep 19, 2018 11:18 am
Location: London
Mood:
Italy

Re: PLEASE HELP - UK RC

Post by NikiGio » Wed Nov 28, 2018 11:09 am

You did say you were British & your wife was here under SS - missed that.
I think you'd do well to seek some lawyer advice. You'll likely not have an issue getting Settled Status for you and your wife, based on residency.
But for PR, the exact position of a carer is not straightforward, especially when combined with SS. There's an argument to be made that you are a worker ot perhaps a self-employed person - perhaps you can contact the pro-bono lawyers on UKCEN who can direct you initially and recommend a paid/pro-bono lawyer as applicable.
I am not an immigration lawyer. My comments are opinions, not legal advice.

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

Re: PLEASE HELP - UK RC

Post by mufc69 » Wed Nov 28, 2018 11:28 am

NikiGio wrote:
Wed Nov 28, 2018 11:09 am
You did say you were British & your wife was here under SS - missed that.
I think you'd do well to seek some lawyer advice. You'll likely not have an issue getting Settled Status for you and your wife, based on residency.
But for PR, the exact position of a carer is not straightforward, especially when combined with SS. There's an argument to be made that you are a worker ot perhaps a self-employed person - perhaps you can contact the pro-bono lawyers on UKCEN who can direct you initially and recommend a paid/pro-bono lawyer as applicable.
When I spoke to UKBA this morning they told me i didn’t need to be working and could apply as self sufficient considering my wife’s income and that she has had CSI, even though we receive child benefit and child tax credit. She also told me to hang on until after March and make an application for settled status as it would be less hassle.

secret.simon
Moderator
Posts: 11028
Joined: Thu Feb 21, 2013 9:29 pm

Re: EU Withdrawal Agreement - Surinder Singh:

Post by secret.simon » Wed Nov 28, 2018 1:05 pm

I have merged all your topics together so that anybody looking would have a a more complete idea of your circumstances and the advice that you have already been given.

Please keep all your queries about your wife's SS route in this thread.
mufc69 wrote:
Wed Nov 28, 2018 11:28 am
When I spoke to UKBA this morning
The UKV&I contact centre is outsourced and not reliable for advice. Also, if their advice is incorrect and you follow it, they are not liable.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

mufc69
Member
Posts: 194
Joined: Mon Jan 09, 2017 11:55 pm

Re: EU Withdrawal Agreement - Surinder Singh:

Post by mufc69 » Wed Nov 28, 2018 1:27 pm

secret.simon wrote:
Wed Nov 28, 2018 1:05 pm
I have merged all your topics together so that anybody looking would have a a more complete idea of your circumstances and the advice that you have already been given.

Please keep all your queries about your wife's SS route in this thread.
mufc69 wrote:
Wed Nov 28, 2018 11:28 am
When I spoke to UKBA this morning
The UKV&I contact centre is outsourced and not reliable for advice. Also, if their advice is incorrect and you follow it, they are not liable.
Hello Simon, even though ive been out of work for over 1 year, if i return to work can i reapply for another 5 year residence card for my wife?

secret.simon
Moderator
Posts: 11028
Joined: Thu Feb 21, 2013 9:29 pm

Re: EU Withdrawal Agreement - Surinder Singh:

Post by secret.simon » Wed Nov 28, 2018 1:38 pm

I do not know enough about Eind for me to answer your questions. Wait for somebody with better knowledge to respond.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Locked
cron