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Surinder Singh Settled Status Paper Application:

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

PLUZZ
Junior Member
Posts: 52
Joined: Sat Jan 11, 2014 8:02 pm

Re: Surinder Singh Settled Status Paper Application:

Post by PLUZZ » Sat Apr 13, 2019 3:36 pm

JAMAA wrote:
Sat Apr 13, 2019 3:29 pm
Hi Guys
Please anyone knows the RESOLUTION CENTRE PHONE NUMBER?
0300 123 7379

JAMAA
- thin ice -
Posts: 89
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Re: Surinder Singh Settled Status Paper Application:

Post by JAMAA » Sat Apr 13, 2019 3:37 pm

Hi Guys
Do you think exercising treaty still apply for British Citizen here in the UK for applying for PR (ILR) on Surinder Singh, Grant 5 years Residence Card on 20/06/2016 but Entered the UK on 11/2015, apparently we applying for PR in 11/2020 but i am not sure if i need (British Citizen) exercise treaty i am self employed class 2 NIC pay at the moment.

JAMAA
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Re: Surinder Singh Settled Status Paper Application:

Post by JAMAA » Sat Apr 13, 2019 3:38 pm

Thank you very much PLuzz

masoud62
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Posts: 39
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Re: Surinder Singh Settled Status Paper Application:

Post by masoud62 » Sat Apr 13, 2019 5:15 pm

Does anyone have seen caseworker guidance for how to process paper application for eu settlement scheme under surinder Singh route?
I think there should be guidance on HO website if paper application are ready.

I wait till end of next week if no paper application I apply for permanent residence card, I dont think eu settlement application for surinder singh is easier or less pages than PR application.

Romy88
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Posts: 105
Joined: Mon Jan 21, 2019 1:34 pm
Ukraine

Re: Surinder Singh Settled Status Paper Application:

Post by Romy88 » Sat Apr 13, 2019 5:39 pm

masoud62 wrote:
Sat Apr 13, 2019 5:15 pm
Does anyone have seen caseworker guidance for how to process paper application for eu settlement scheme under surinder Singh route?
I think there should be guidance on HO website if paper application are ready.

I wait till end of next week if no paper application I apply for permanent residence card, I dont think eu settlement application for surinder singh is easier or less pages than PR application.
To Masoud: have a look.

https://assets.publishing.service.gov.u ... h-v1.0.pdf

masoud62
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Posts: 39
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Re: Surinder Singh Settled Status Paper Application:

Post by masoud62 » Sat Apr 13, 2019 5:54 pm

@Romy88 I seen that before.
What I asked in my post was the guidance for caseworker how to process the application, like how to determine if residence in other eea state was genuine and etc, same the one for PR application

Romy88
Member
Posts: 105
Joined: Mon Jan 21, 2019 1:34 pm
Ukraine

Re: Surinder Singh Settled Status Paper Application:

Post by Romy88 » Sat Apr 13, 2019 5:58 pm

masoud62 wrote:
Sat Apr 13, 2019 5:54 pm
@Romy88 I seen that before.
What I asked in my post was the guidance for caseworker how to process the application, like how to determine if residence in other eea state was genuine and etc, same the one for PR application
My point was that I did not see even mentioning this category under "surinder singh". It probably means that it's not ready yet.

mufc69
Member
Posts: 194
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Re: Surinder Singh Settled Status Paper Application:

Post by mufc69 » Sat Apr 13, 2019 8:02 pm

You do not need to show exercising treaty rights under the EU settlement scheme, it is residency based.

JAMAA
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Posts: 89
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Re: Surinder Singh Settled Status Paper Application:

Post by JAMAA » Sat Apr 13, 2019 11:37 pm

dear Masoud 62
please see the link

https://assets.publishing.service.gov.u ... .0-ext.pdf

free movement rights for family members of British Citizen

JAMAA
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Posts: 89
Joined: Thu Aug 13, 2015 5:07 pm

Re: Surinder Singh Settled Status Paper Application:

Post by JAMAA » Sat Apr 13, 2019 11:49 pm

Dear all
please don't mix up and confuse between - EU Settlement Scheme and Free Movement Right for Family members of British Citizen (SURINDER SINGH)

EU CITIZENS have no problems in the UK for Settlement every thing for them perfect 100% easy process without any hassle.

we are here talking about Surinder Singh cases it is totally different way. British citizens exercises treaty in another EU country and come back to the UK after while and if the home office accept him as Surinder singh case that mean that British Citizen will automatically become EU citizen for purpose of permission to stay leave for his partner.

please make sure that surinder singh difference to EU citizens.

masoud62
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Posts: 39
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Re: Surinder Singh Settled Status Paper Application:

Post by masoud62 » Sat Apr 13, 2019 11:54 pm

JAMAA wrote:
Sat Apr 13, 2019 11:37 pm
dear Masoud 62
please see the link

https://assets.publishing.service.gov.u ... .0-ext.pdf

free movement rights for family members of British Citizen
That is for residence card not eu settlement scheme

JAMAA
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Posts: 89
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Re: Surinder Singh Settled Status Paper Application:

Post by JAMAA » Sat Apr 13, 2019 11:58 pm

EU settlement scheme is for EU ONLY

masoud62
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Posts: 39
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Re: Surinder Singh Settled Status Paper Application:

Post by masoud62 » Sun Apr 14, 2019 4:12 am

JAMAA wrote:
Sat Apr 13, 2019 11:58 pm
EU settlement scheme is for EU ONLY
Dear JAMAA
please update your own information before give advise in here,
check eu settlement scheme on gov,uk then you will find out who can apply for eu settlement, surrinder singh route are included,

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

Re: Surinder Singh Settled Status Paper Application:

Post by mufc69 » Sun Apr 14, 2019 8:09 am

masoud62 wrote:
Sun Apr 14, 2019 4:12 am
JAMAA wrote:
Sat Apr 13, 2019 11:58 pm
EU settlement scheme is for EU ONLY
Dear JAMAA
please update your own information before give advise in here,
check eu settlement scheme on gov,uk then you will find out who can apply for eu settlement, surrinder singh route are included,
Correct , Surinder Singh was not covered under the withdrawal agreement but it is government policy that it is covered under the EU settlement scheme. Unlike the EEA free movement for EEA/Swiss nationals, ‘continuous residence’ under the EUSS is defined as ‘presence’ in the UK, as opposed to requiring the exercise of treaty rights through employment, self-employment, studies and self-sufficiency.

JAMAA
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Re: Surinder Singh Settled Status Paper Application:

Post by JAMAA » Sun Apr 14, 2019 8:44 am

Hi Guys

this morning I contacted EU settlement Scheme Resolution Centre, about Surinder Singh cases, Said You can apply for settled status and pre settled status by paper application (NOT online) and said if you need i will pass you to expert staff for sending application and discuss your situation.

Surinder singh paper form application should get by phone the number 03001237379

mufc69
Member
Posts: 194
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Re: Surinder Singh Settled Status Paper Application:

Post by mufc69 » Sun Apr 14, 2019 8:47 am

PLUZZ wrote:
Sat Apr 13, 2019 2:18 pm
mufc69 wrote:
Sat Apr 13, 2019 1:02 pm
Just a quick update, we received a call today saying that the form will be sent out within the next week or so, so hopefully not waiting too long now.
Hi Mufc69, did a staff of the home office purposely ring you to advise this or was this another wild guess by a home office staff when you rang them to make enquiries? Did you ask for a call back or Why did they ring you back to advise this info?
Sorry PLUZZ just seeing this now, my wife was called directly and was asked to confirm details already logged with them and that her application will be sent out within the next week or so.

masoud62
Newbie
Posts: 39
Joined: Sun Mar 31, 2019 6:48 pm

Re: Surinder Singh Settled Status Paper Application:

Post by masoud62 » Sun Apr 14, 2019 2:39 pm

I asked them what is the waiting time for paper application to be send out,
I got the reply today and they didnt answer my question, currently they are unable to provide processing time for paper application at this time!!@!!


Dear xxxxx

 

Thank you for your question about how to apply.

 

The EU Settlement Scheme enables EU citizens and their family members to apply for their UK immigration status after the UK leaves the EU.

As an EU national, you will not need to do anything immediately: there will be no change to your current rights under EU law until the end of the scheme’s implementation period on 31 December 2020.

You will be able to continue to use your valid residence documentation to evidence your status in the UK until 31 December 2020.

Your permanent residence document, however, will no longer be valid after 31 December 2020.

You can change this document for settled status by applying to the EU Settlement Scheme. This way you will be able to stay and continue your life in the UK, with the same access to work, study, benefits and public services that you enjoy now.

When you apply for settled status under the scheme, you will not have to pay the fee, or prove you have 5 years’ continuous residence.

The EU Settlement Scheme will fully open from 30 March 2019 to EU nationals and their family members. Providing you are resident in the UK by 31 December 2020, the deadline for applying for status will be 30 June 2021.

You can find out more information about the scheme by visiting: https://www.gov.uk/settled-status-eu-citizens-families

 

We are unable to provide a current expected processing times for paper applications at this time.

 

Should you require further information about the EU Settlement Scheme, please go to https://www.gov.uk/settled-status-eu-citizens-families or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start.

 

UKVI is keen to continually review and improve its service to our customers. To help us to do so, we would be grateful if you could complete our customer survey https://www.homeofficesurveys.homeoffic ... k/s/KKAJ8/.

 

Please note we cannot deal with any enquiries/replies sent directly to this mailbox.  

 

 

Yours sincerely,

 

EU Settlement Resolution Centre

UK Visas & Immigration

JAMAA
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Re: Surinder Singh Settled Status Paper Application:

Post by JAMAA » Sun Apr 14, 2019 11:56 pm

Dear all
All Family Members of British Citizens granted Surinder Singh Residence Card will automatically become Permanent Residence without any doubts regardless applying on papers form or Online doesn't matter.
Surinder Singh is part of EU Directives, when some body has been recognized by the Home Office and granted Residence Card they should grant him permanent Residence.

This is my opinion i worked out from experiences.

JAMAA
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Re: Surinder Singh Settled Status Paper Application:

Post by JAMAA » Mon Apr 15, 2019 12:08 am

HI
There are two types of family members of British citizens for Surinder Singh :-

1- Family Members granted RC that mean passed the test of the Home Office that mean passing the PR when completing 5 years residence (with or without may be any economic activities or exercising treaty).

2- Family Member Of British Citizens without RC claiming Surinder Singh cases need to prove to the Home Office that all criteria met (4 criteria) they need to pass the Home Office exams if they pass the exam of surinder singh that mean they will pass PR if not passing that mean you are not included in this category of Surinder Singh you are not passed the criteria so you are not treated like EU citizen.

masoud62
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Posts: 39
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Re: Surinder Singh Settled Status Paper Application:

Post by masoud62 » Mon Apr 15, 2019 3:17 am

JAMAA wrote:
Mon Apr 15, 2019 12:08 am
HI
There are two types of family members of British citizens for Surinder Singh :-

1- Family Members granted RC that mean passed the test of the Home Office that mean passing the PR when completing 5 years residence (with or without may be any economic activities or exercising treaty).

2- Family Member Of British Citizens without RC claiming Surinder Singh cases need to prove to the Home Office that all criteria met (4 criteria) they need to pass the Home Office exams if they pass the exam of surinder singh that mean they will pass PR if not passing that mean you are not included in this category of Surinder Singh you are not passed the criteria so you are not treated like EU citizen.
You post is total rubbish

ellyell
Junior Member
Posts: 75
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Re: Surinder Singh Settled Status Paper Application:

Post by ellyell » Mon Apr 15, 2019 7:28 am

PLUZZ wrote:
Sat Apr 13, 2019 12:28 am
ellyell wrote:
Fri Apr 12, 2019 5:29 pm
It has been 10 working days since I requested paper form and still have not received it. I have called resolution center this afternoon and the lady i talked to advised me to wait until Monday afternoon and call back again if still not arrived.
Problem is that it is not possible to talk those guys who deal with Surinder Sing cases/paper application process. I asked her if she is able to see if the form has been sent if not when it will be sent but she could not see this and could not advise.

Absolute nightmare, what can I say.
Same here too. I spoke to the resolution centre several times this week and it was all a waste of effort. At one time, I was told that my request has been escalated to their quality management team, and that someone from the management team would call me back within 2 working days. But alas, no call back! I then rang again, and demanded to speak to someone within the Surinder Singh team. I was passed to a guy who introduced himself as one of the quality management staff within the Surinder Singh team. The guy took my details and put me on hold to check my details, and then came back to advise that nothing has been sent out to me, and that he couldn't advise a time-frame when the form would be received. I asked why so much fuss over an ordinary form, and he explained that the team need to check and make sure that each person who requested paper application form is eligible to apply in the surinder singh category, hence why it is taking so long to send out the form to each requester. I believe the excuse provided by the guy is bullshit, and I found it unfathomable. My request for the paper application form was around 9.30am on 30th January when the scheme fully opened and I am sure I must have been one of the first 10 people who requested the form. Even staff from the resolution centre confirmed that I am among the first few people to have requested the form as soon as the scheme opened to the public. If therefore I am among the first 10 people to have requested the form, are you telling me that the surinder singh team have not been able to ascertain the eligibility of those first 10 people from their records within 2 weeks of the scheme opening? Even if they only have 2 members of staff dealing with applications in that team, they should have done all necessary checks on more than 10 people by now since the opening of the scheme!
Personally, I believe there is a hideous reason for this whole delay for surinder singhers.....there is definitely something the home office is not telling us. Firstly, guidance released towards the end of the piloting phases specifically mentioned that all categories, including surinder singhers will be able to submit their applications through the infamous online process. The only exception to this will be Zambrano cases, where a paper application is required and the scheme is not open to them till 1st May. There was nowhere in that initial guidance where it was mentioned that surinder singhers will also need to apply using a paper form. Then came the time when the scheme fully opened, look whats happened.......alas, even the paper application forms are not yet available after 2 weeks since the scheme started! I am inclined to believe this is a delay tactic on purpose, designed to exclude surinder singhers from the process, although whatever the motivation for it, I am not sure. I find it particularly out of character for a government body of such high repute as the Home Office, to promise applicants that an application form will be recieved wihin 10 working days, and then fail on that promise! Something just doesn't add up!
I requested the form on 31st Mar. And first they told me I will receive it in 2-3 working days! After that 10 working days and now they say
"We are currently experiencing a high demand for paper application requests, therefore please allow a further 10 working days for receipt." "
Well I requested this form hours after scheme was fully open. Why cannot they send a form in 10 days and now they give a 1 month time? and i do not really believe they will do it in next 10 days.
I do not know what we can do about it, if anybody has any idea please let me know. I have already sent a complaint email to Home Office and considering to send an email to my MP now.

JAMAA
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Re: Surinder Singh Settled Status Paper Application:

Post by JAMAA » Mon Apr 15, 2019 2:46 pm

ellyell wrote:
Tue Apr 09, 2019 8:20 am
If your family member is a British citizen (‘Surinder Singh’ applications)
You may be eligible if you lived outside the UK in an EU or EEA country (or Switzerland) with your family member, and you’re:

married to or in a civil partnership with them
under 21 years old, and are their child or grandchild
21 years or older, and are their dependent child or grandchild
their dependent parent or grandparent
The country that you lived in together must have been your main residence. Your British family member must also have been working, studying or self-sufficient in the country while there.

You cannot use the online service to apply if this is how you qualify for the scheme - you’ll need to use a paper form instead.

Request a paper form to apply to the EU Settlement Scheme.
YOU ARE RIGHT

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Casa
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Re: Surinder Singh Settled Status Paper Application:

Post by Casa » Mon Apr 15, 2019 5:12 pm

masoud62 wrote:
Mon Apr 15, 2019 3:17 am
JAMAA wrote:
Mon Apr 15, 2019 12:08 am
HI
There are two types of family members of British citizens for Surinder Singh :-

1- Family Members granted RC that mean passed the test of the Home Office that mean passing the PR when completing 5 years residence (with or without may be any economic activities or exercising treaty).

2- Family Member Of British Citizens without RC claiming Surinder Singh cases need to prove to the Home Office that all criteria met (4 criteria) they need to pass the Home Office exams if they pass the exam of surinder singh that mean they will pass PR if not passing that mean you are not included in this category of Surinder Singh you are not passed the criteria so you are not treated like EU citizen.
You post is total rubbish
@masoud62 Please post with respect to other members.
(Casa, not CR001)
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.

abbasi11
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Location: United Kingdon

Re: Surinder Singh Settled Status Paper Application:

Post by abbasi11 » Mon Apr 15, 2019 9:10 pm

Still waiting for paper application form two weeks have gone by since home office called and took details of me and my spouse and our address and was told form are not ready yet and I shall receive in two weeks.
I was told by Surinder Singh resolution centre that page 28-30 apply in my spouse case of permanent residence as she will complete 5 years on a surinder singh residence card end of this month.
Following is their guidance

Permanent residence

This section tells you how to assess an application from a family member of a British citizen for a document confirming their right of permanent residence.

You must first consider if a person meets the requirements showing they are a family member of a British citizen, in circumstances where the British citizen is treated as though they were an EEA national. See: Assessing the application.

Continuous residence in the UK for 5 years

You must make sure the applicant, their British citizen sponsor and any family members included in the application have been lawfully resident in the UK for a continuous period of 5 years.

Family members of British citizens who are claiming a right of permanent residence on the basis that the British citizen is a worker or self-employed person who has ceased activity are not required to have completed 5 years’ residence in the UK.

For information on calculating the continuous residence period, see the assessing continuous residence section of: European Economic Area nationals: qualified persons.

See also Residence under the 2006 Regulations for guidance on whether residence in the UK prior to 25 November 2016 was in accordance with the Immigration (European Economic Area) Regulations 2006 (the 2006 regulations).

Domestic violence

If the applicant says they cannot provide evidence about their British citizen sponsor because their relationship broke down due to domestic violence you must take a pragmatic approach. For more information, see: the domestic violence section in the Direct family members of EEA nationals guidance.

Public policy, public security or public health

Before issuing a document certifying permanent residence or a permanent residence card, you must be certain there are no reasons to refuse on the grounds of public policy, public security or public health. For further information, see: EEA decisions on grounds of public policy and public security.

Related content Contents

Related external links Immigration (European Economic Area) Regulations 2016 Free Movement of Persons Directive (2004/38/EC)
Page 29 of 31 Published for Home Office staff on 29 March 2019

Residence under the 2006 Regulations

This section tells you how to consider whether residence in the UK prior to 25 November 2016 was in accordance with the Immigration (European Economic Area) Regulations 2006 (the 2006 regulations). This may be relevant when considering an application for residence documentation based on a retained right of residence or a right of permanent residence.

Assessing whether the British citizen was a qualified person in the UK before 25 November 2016

When assessing whether the British citizen sponsor has been a worker, selfemployed person, self-sufficient person, student or jobseeker in the UK, or a combination of that, you must consider the necessary adjustments to the usual conditions for being a qualified person. This is to take account of the fact that it is a British citizen (rather than an EEA national) who needs to satisfy those conditions. These are explained in Stage 1: Assessing whether the British citizen is a qualified person.

Residence cards issued to family members of British citizens

If a residence card was issued before 25 November 2016, you must accept that the British citizen was a qualified person during any time spent in the UK, while the document was valid (up to 25 November 2016.)

Where they are also relying on residence after 25 November 2016, you must ensure that both of the following points apply:

• the applicant has provided evidence showing the British citizen has been the equivalent of a qualified person in the UK since 25 November 2016 • non-British citizen family members have held comprehensive sickness insurance (CSI) during any period(s) since 25 November 2016 in which the British citizen is or was a self-sufficient person or student in the UK

Where a family member has never been issued with any EEA documentation, or where they have only been issued with a family permit before they came to the UK, you must ensure that both the following points apply:

• the applicant has provided evidence showing the British citizen has been the equivalent of a qualified person in the UK for any period in which they are or were seeking to sponsor a family member’s residence in the UK under regulation 9 • non-British citizen family members have held CSI during any periods in which the British citizen is or was a self-sufficient person or student in the UK

You do not need to see any evidence that the British citizen was the equivalent of a qualified person for any residence in the UK before the Free Movement Directive came into force on 30 April 2006.
Page 30 of 31 Published for Home Office staff on 29 March 2019


Genuine residence in the EEA host country

Since 25 November 2016, regulation 9 has required that the residence of the British citizen and any family members in the other EEA member state are genuine.

Between 1 January 2014 and 24 November 2016, the test was whether the British citizen had transferred the centre of their life to another EEA member state. When the ‘centre of life’ test was introduced on 1 January 2014, transitional provisions applied.

The transitional provisions applied where the family member of the British citizen either:

• had a right of permanent residence in the UK on 31 December 2013 • had a right of residence in the UK on 31 December 2013 and either: o held a valid registration certificate or residence card or EEA family permit issued under the 2006 regulations o had made an application under the 2006 regulations for a registration certificate or residence card or EEA family permit which had not yet been determined o had made an application under the 2006 regulations for a registration certificate or residence card which had been refused and in relation to which an appeal under regulation 26 could be brought whilst the appellant was in the UK (excluding out-of-time appeals) or an appeal was pending

If the above criteria were met, these transitional arrangements applied until the occurrence of one of the following events:

• the 6 month validity period to enter the UK in reliance on a family permit expired and the family member had not entered the UK • an appeal (excluding out-of-time appeals) could no longer be brought and no appeal had been brought • any appeal against the decision to refuse to issue residence documentation was dismissed, withdrawn or abandoned • the person ceased to be the family member or family member who had retained the right of residence • any right of permanent residence was lost as a result of 2 or more consecutive years’ absence from the UK

Where the transitional provisions applied and the family member either already held residence documentation or had an application considered under these transitional provisions and was then issued with residence documentation, you can accept that the residence of the British citizen and any family members in the other EEA member state was genuine for the purposes of regulation 9 of the 2016 regulations.

Where these transitional arrangements did not apply, or the family member had an application considered under these transitional provisions but was refused residence
Page 31 of 31 Published for Home Office staff on 29 March 2019

documentation, you must consider whether the residence of the British citizen and any family members in the other EEA member state was genuine in accordance with this guidance: Stage 3: determine whether residence in the EEA host country was genuine.

Related content




https://assets.publishing.service.gov.u ... .0-ext.pdf

markgbr
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Re: Surinder Singh Settled Status Paper Application:

Post by markgbr » Mon Apr 15, 2019 10:52 pm

For the EU Settlement Scheme, Surinder Singhers need to meet the requirements in Appendix EU of the Immigration Rules - Part EU12. The key point is that the British Citizen does not need to be a qualified person.

Persons eligible for indefinite leave to enter or remain as a family member of a qualifying British citizen

EU12. The applicant meets the eligibility requirements for indefinite leave to enter or remain as a family member of a qualifying British citizen, or as a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen, where the Secretary of State is satisfied, including by the required evidence of family relationship, that, at the date of application, one of conditions 1 to 4 set out in the following table is met:

Condition Is met where:

1. (a) The applicant is:
(i) a family member of a qualifying British citizen; or
(ii) a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen; and
(b) The applicant has a documented right of permanent residence; and
(c) No supervening event has occurred

2. (a) The applicant is:
(i) a family member of a qualifying British citizen; or
(ii) a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen; and
(b) There is valid evidence of their indefinite leave to enter or remain

3. (a) The applicant is:
(i) a family member of a qualifying British citizen; or
(ii) a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen; and
(b) The applicant has completed a continuous qualifying period in the UK of five years in either (or any combination) of those categories; and
(c) The applicant was, for any period of residence as a family member of a qualifying British citizen relied upon under sub-paragraph (b), in the UK lawfully by virtue of regulation 9(1) to (6) of the EEA Regulations (regardless of whether in the UK the qualifying British citizen was a qualified person under regulation 6 of the EEA Regulations); and
(d) Since completing the continuous qualifying period of five years, no supervening event has occurred

4. (a) The applicant is a child under the age of 21 years of the spouse or civil partner of the qualifying British citizen (and the marriage or civil partnership was formed before the specified date); and
(b) The applicant is in the UK lawfully by virtue of regulation 9(1) to (6) of the EEA Regulations (regardless of whether in the UK the qualifying British citizen is a qualified person under regulation 6 of the EEA Regulations); and
(c) The spouse or civil partner has been or is being granted indefinite leave to enter or remain under this Appendix

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