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UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article 10.

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

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

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Neonleon
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UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article 10.

Post by Neonleon » Sat Mar 30, 2019 12:49 pm

Good day,

I am a British citizen and exercised free movement right and went to a EU member state with my wife and our toddler (both British citizen) in September 2018 on self sufficient basis while looking for a job there. My parents who are non-EEA nationals has joined me two months ago as a family member of EU citizen and successfully received the family residence card from the EU member state within two week of them joining me and we lived together since. I have along with my family and parents fulfilled all the requirements set up by the law.

Unfortunately, I didn't get a job as per my experience and education and my savings were draining out so I decided to come back to the UK.

We landed at Heathrow Airport and the immigration agent saw my parents EU family members card and said these are not acceptable. I told him it's acceptable and I am entering on Surinder Singh route. He than asked his supervisor who came out to ask me a few questions e.g. when did you leave the UK? How long you have lived in the EU member state, any papers or proof we can see etc. I gave my my EU residency documents from the EU member state which were also translated into English with official stamp from the translation company. 10 minutes later another person came and spoke with the immigration agent who was dealing with us. And we were told that they will let us in and we need to speak to the Home Office regarding my parents who now joining me permanently in the UK.

The twist to the story is that my parents already have a long term British visa expiring in 2024 (issued in 2014) and they have previously travelled on that visa a number of times. The dilemma is we don't know under what criteria the immigration agent has let my parents in I. E. British visa or the EU family members residence card. If he has let them in on British visa, the question is, will it impact our application for Surinder Singh route or not.

I lately searched Google and found some people have written their passport were stamped with ink pad stamp to show they arrived in the UK on EU family member residence card. Also I wasn't aware of Article 10 which clearly states on GOV. UK website that no British visa or EEA family permit needed if accompanied by the British citizen who is the direct family member.

Also read on govt website that immigration agents have clear instruction to 'not to stamp' the passports of NON-EEA nationals if they are arriving on Surinder Singh route or using Atricle 10 as it's not needed.

Another main question is do we need to go back and re-enter and this time get it right as we don't want any impact on their application to exercise Surinder Singh route. Or it doesn't matter what entry was granted to them on arrival as we have all the documentation and proof that we genuinely moved to the EU member state and lived together.

Also, Is there any way I can find out under what category they were allowed to enter the UK.

I will appreciate if you can share your knowledge about the above main questions and also feel free to share your successful entry in the UK with spouse/parents/children on Surinder Singh route and what stamp was stamped on the passport. Please do reply ASAP so if we need to re-enter we can do so before the now new Brexit deadline. Many thanks

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Casa
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by Casa » Sat Mar 30, 2019 2:04 pm

Is there no stamp or entry code in their passports :?:

The issue with your parents being considered under the Surinder Singh route is the short length of time they have spent with you as your dependants in the EU State. This may be seen as an attempt to circumvent the UK Immigration Rules and to avoid the far tougher entry requirements for adult dependant relatives applying for a settlement visa :idea:

As you were self-sufficient, did you and all your family members hold Comprehensive Sickness Insurance (CSI) during your time in the EU State?
(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.

spat
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by spat » Sat Mar 30, 2019 5:34 pm

Neonleon wrote:
Sat Mar 30, 2019 12:49 pm
Good day,

I am a British citizen and exercised free movement right and went to a EU member state with my wife and our toddler (both British citizen) in September 2018 on self sufficient basis while looking for a job there. My parents who are non-EEA nationals has joined me two months ago as a family member of EU citizen and successfully received the family residence card from the EU member state within two week of them joining me and we lived together since. I have along with my family and parents fulfilled all the requirements set up by the law.

Unfortunately, I didn't get a job as per my experience and education and my savings were draining out so I decided to come back to the UK.

We landed at Heathrow Airport and the immigration agent saw my parents EU family members card and said these are not acceptable. I told him it's acceptable and I am entering on Surinder Singh route. He than asked his supervisor who came out to ask me a few questions e.g. when did you leave the UK? How long you have lived in the EU member state, any papers or proof we can see etc. I gave my my EU residency documents from the EU member state which were also translated into English with official stamp from the translation company. 10 minutes later another person came and spoke with the immigration agent who was dealing with us. And we were told that they will let us in and we need to speak to the Home Office regarding my parents who now joining me permanently in the UK.

The twist to the story is that my parents already have a long term British visa expiring in 2024 (issued in 2014) and they have previously travelled on that visa a number of times. The dilemma is we don't know under what criteria the immigration agent has let my parents in I. E. British visa or the EU family members residence card. If he has let them in on British visa, the question is, will it impact our application for Surinder Singh route or not.

I lately searched Google and found some people have written their passport were stamped with ink pad stamp to show they arrived in the UK on EU family member residence card. Also I wasn't aware of Article 10 which clearly states on GOV. UK website that no British visa or EEA family permit needed if accompanied by the British citizen who is the direct family member.

Also read on govt website that immigration agents have clear instruction to 'not to stamp' the passports of NON-EEA nationals if they are arriving on Surinder Singh route or using Atricle 10 as it's not needed.

Another main question is do we need to go back and re-enter and this time get it right as we don't want any impact on their application to exercise Surinder Singh route. Or it doesn't matter what entry was granted to them on arrival as we have all the documentation and proof that we genuinely moved to the EU member state and lived together.

Also, Is there any way I can find out under what category they were allowed to enter the UK.

I will appreciate if you can share your knowledge about the above main questions and also feel free to share your successful entry in the UK with spouse/parents/children on Surinder Singh route and what stamp was stamped on the passport. Please do reply ASAP so if we need to re-enter we can do so before the now new Brexit deadline. Many thanks
May I ask which EU country you lived in as it seems a quick turn around for residence card....I am also due to return back to UK however my parents residence card is still in process since Nov2018

Neonleon
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by Neonleon » Sat Mar 30, 2019 5:53 pm

Casa wrote:
Sat Mar 30, 2019 2:04 pm
Is there no stamp or entry code in their passports :?:

The issue with your parents being considered under the Surinder Singh route is the short length of time they have spent with you as your dependants in the EU State. This may be seen as an attempt to circumvent the UK Immigration Rules and to avoid the far tougher entry requirements for adult dependant relatives applying for a settlement visa :idea:

As you were self-sufficient, did you and all your family members hold Comprehensive Sickness Insurance (CSI) during your time in the EU State?
Thanks for asking about stamp Casa. Yes there is a entry stamp with date and 4 digit numerical number. The stamp is not different to any previous stamps when they entered into UK on their long term visa.

Regarding CSI, we didn't need it as me, wife and our tod were covered by the EU member state's compulsory medical insurance. I paid for the first month and than registered with their job centre as a job seeker (as per the member EU state you can't claim any financial benefits unless you have worked for atleast 12 month on any job in that country) without any financial benefit. Also, before moving to EU I have checked with the Home Office and I was told we being British citizens don't need CSI.

My parents have travel insurance as per the member state's requirement as their Home Office have explained to me face to face that what exactly my parents need in order to get their EU family member residency card and later while living there. Plus if three insurers refuse to insure my elderly parents (75 years old) than they don't need as I will be responsible for their medical treatments and costs. I have 5 main insurance companies refusal for my parents health insurance due to their age. Also, have double checked with the UK home office that CSI is needed in the UK and not in EU member state. Europa has clarified that CSI was legally challenged as it was breach of EU policies with the UK and UK could be fined. Now there is an underlying understanding that UK allows without CSI and EU knows UK leaving so no action has been taken by the EU.

Regarding less stay time for my parents, you may be right and thanks for the heads up, I will certainly look into this. Will be great if someone can share theirssuccess story on any ongoing case on this topic.

My main concern or what worries me is the entry stamp on my parents passports as per my original question in the above post. I will wait for your reply. Thanks again Casa.

NatCam
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by NatCam » Sat Mar 30, 2019 10:00 pm

It was a regular stamp. They were admitted as visitors.

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Casa
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by Casa » Sat Mar 30, 2019 11:20 pm

It seems that your parents entry was permitted under their current visitor visas. You may find the Free Movement article helpful, especially regarding evidence of moving 'the centre of your life' to another EU state and your integration into local life there. Hopefully, you haven't continued to retain a home in the UK during your time away. :idea:

https://www.freemovement.org.uk/surinde ... ion-route/

Your parents will need to apply for an EEA Residence Permit. See the link below.

https://www.gov.uk/apply-for-a-uk-resid ... ligibility
(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.

Neonleon
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by Neonleon » Sun Mar 31, 2019 10:54 am

Casa wrote:
Sat Mar 30, 2019 11:20 pm
It seems that your parents entry was permitted under their current visitor visas. You may find the Free Movement article helpful, especially regarding evidence of moving 'the centre of your life' to another EU state and your integration into local life there. Hopefully, you haven't continued to retain a home in the UK during your time away. :idea:

https://www.freemovement.org.uk/surinde ... ion-route/

Your parents will need to apply for an EEA Residence Permit. See the link below.

https://www.gov.uk/apply-for-a-uk-resid ... ligibility

Thanks Casa, I have already read the wonderful article which you have shared, thank you for the link so others can benefit too.

One doesn't need to sell their UK house 🏡 in order to show their centre of life in another EU 🇪🇺 member state. It's basically stripping off which is not allowed under any British or EU laws. You can or may have one or more than one house in the UK 🇬🇧 or anywhere in the world and still be able to move your centre of life to another country.

I am still looking an answer to my main questions:-

1. If the immigration agent at the airport has let my parents in on their British visa and not on EU citizen family member, will it impact our application for Surinder Singh route or not.

2. Do we need to go back and re-enter and get the correct stamp or no stamp?

And third, is it possible to find out under what category they were allowed to enter?
Many thanks again for your time and try to help me.

spat
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by spat » Sun Mar 31, 2019 11:09 am

Hi,

You don’t need to go back for a different stamp as previous immigration history does not matter for EEA route.

Please read point 37 in below guidance

https://assets.publishing.service.gov.u ... in_the.pdf

spat
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by spat » Sun Mar 31, 2019 11:12 am

Read point 37 in above article of lawful residence in conjunction with point 12

Can I ask which EU country did u use treaty rights please

NatCam
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by NatCam » Sun Mar 31, 2019 2:33 pm

Why did you move to that country in the first place? Just before Brexit, too.
You certainly didn't intend to stay there.

I began to understand why people of this country want to be out of EU.

Which country was it, by the way? Where residence cards are issued in 2 weeks'time?

Neonleon
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by Neonleon » Sun Mar 31, 2019 2:58 pm

spat wrote:
Sun Mar 31, 2019 11:09 am
Hi,

You don’t need to go back for a different stamp as previous immigration history does not matter for EEA route.

Please read point 37 in below guidance

https://assets.publishing.service.gov.u ... in_the.pdf
Spat, this document got guidelines for NHS and I am afraid to say it doesn't answer my questions. Any non-EEA national who has joined the British citizen as a direct family member can get free NHS services and register with a GP. One guy has written the whole process in the forum.

Apologies I missed your previous message, it was Lithuania 🇱🇹. A very helpful people and nation. To be honest it took them 5 working days to issue them my residency permit as a EU 🇪🇺 citizen and 4 working days to process my parents application for EU family members residence certificate and another 5 days to issue their biometric photo 📸 ID card. It is by Lithuanian 🇱🇹 law they must give decision within 15 working days. Which country are you in, if you don't mind sharing.

I will post 📯 another thread with full details of A to Z.

I request anyone to help with my questions as per my above post. Many thanks 🙏

spat
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by spat » Sun Mar 31, 2019 5:20 pm

I am in Ireland

NatCam
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Georgia

Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by NatCam » Sun Mar 31, 2019 5:34 pm

:D :D :D I suspected it was either Latvia or Lithuania! How funny.
Off you go @spat. :D :D

K1 de altimate
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by K1 de altimate » Mon Apr 01, 2019 1:03 am

Neonleon.

Try if you can go back to that entry point with your parents and ask them on what basis are they admitted into the UK and also for you to know what to write in their application forms you will be making for them.

Also seek proper legal advise as to whether they will need to be out of UK again in other to avoid any delay in issuing them RC.

Neonleon
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by Neonleon » Mon Apr 01, 2019 8:08 am

K1 de altimate wrote:
Mon Apr 01, 2019 1:03 am
Neonleon.

Try if you can go back to that entry point with your parents and ask them on what basis are they admitted into the UK and also for you to know what to write in their application forms you will be making for them.

Also seek proper legal advise as to whether they will need to be out of UK again in other to avoid any delay in issuing them RC.
No one can go back to the entry point my friend. Legals are the option and have contacted two law firms and they ain't got any clue (money wasted). The reason asking here is to get help from someone who has gone through the same situation (if so) or if someone knows what stamp (or no stamp) they have got at the entry airport. May be someone can share their experience who has already done it or their application is under the process.
Thanks for trying to help with your ideas💡

Neonleon
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by Neonleon » Wed Apr 03, 2019 12:54 pm

spat wrote:
Sun Mar 31, 2019 5:20 pm
I am in Ireland
Spat if it is taking longer than expected, did you think about involving Solvit. http://www.solvitireland.ie/

You may also give a call to Europa, discuss your circumstances and their contact centre guys may steer you in right direction 👉

https://europa.eu/european-union/contact/callus_en.

Neonleon
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Re: Entry stamp for exercising Article 10 for non-EEA family member at Heathrow, also Surinder Singh route .

Post by Neonleon » Wed Apr 03, 2019 1:11 pm

Please write what type of entry stamp your NON-EEA Family member has received on their passport while you have recently entered the UK 🇬🇧 specifically in the year 2018 or 2019 either using Article 10 or exercising the free movement treaty rights to pursue Surinder Singh application.

You can simply write a few lines about the stamp e.g. whats written in the stamp or may share the photo 📸 of the stamp by obscuring the personal information within the stamp (please adhere to the forum rules regarding photo uploading).

You are more than welcome to share if no stamp was placed on your passport/s at the entry of any British port and you have successfully and legally entred the UK and now in the process of making (or have made) an application for Surinder Singh route.
(mods pls keep the original but LOCKED post active as it will help landing someone on this page through the link which you have kindly pasted there). Many thanks 🙏

Anamkhan
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by Anamkhan » Wed Apr 03, 2019 2:54 pm

TO go honest it doesn’t matter whether they got a stamp which says addmitted under Eea regulation or not. When u apply for a uk residence card for them they will look at whether u meet the requirements of Surinder Singh whilst u were in another Eea state. If yes then they will grant the card if they see your move to another Eea state as circumventing uk law then u need to prove that u actually moved ur centre of life there and exercise do treaty rights etc.
The officers on airport don’t have time to go through everything with u and decide which entry stamp is appropriate . As long as they r allowed in. , if a competent solicitor tells u that u can make a case under Surinder Singh then u should Ben fine

Anamkhan
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by Anamkhan » Wed Apr 03, 2019 2:59 pm

Regarding exercising ur right as a self sufficient person , most solicitors that I met were unwilling to say that home office will accept this right etc etc .
Did u have savings to cover rent , other costs etc?
Didn’t u apply for any benefits ?

As long a story u hasn’t some sort of health insurance cover, if statutory health insurance covering u spouse and kid it should be fine . As statutory health insurance cover is always comprehensive as pointed out by someone on this board
If ur parents had travel insurance or something similar they should Be fine as well

Neonleon
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by Neonleon » Wed Apr 03, 2019 6:45 pm

Anamkhan wrote:
Wed Apr 03, 2019 2:54 pm
TO go honest it doesn’t matter whether they got a stamp which says addmitted under Eea regulation or not. When u apply for a uk residence card for them they will look at whether u meet the requirements of Surinder Singh whilst u were in another Eea state. If yes then they will grant the card if they see your move to another Eea state as circumventing uk law then u need to prove that u actually moved ur centre of life there and exercise do treaty rights etc.
The officers on airport don’t have time to go through everything with u and decide which entry stamp is appropriate . As long as they r allowed in. , if a competent solicitor tells u that u can make a case under Surinder Singh then u should Ben fine
I hope too this is the case regarding the entry stamp but it's our assumption as we don't know yet how HO will see/process it. I am still awaiting an answer or replies though I have booked another slot with an immigration solicitor for tomorrow. And thank you replying in your another post here about your husbands entry stamp under EEA regulation 2016.

Regarding self sufficient - yes and simultaneously looking ➿ for a job in my sector. Had some top notch interviews but couldn't crack it. Health Insurance side is covered. Everything is in place except the dilemma about the entry stamp.

poison172
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Re: UK immigration stamp (or no stamp) for exercising Surinder Singh route for non-EEA family at Heathrow, also Article

Post by poison172 » Sat Jun 22, 2019 10:15 pm

I am in the same situation but as...NON EU SPOUSE (INDIAN) holding RESIDENCE CARD for family member of Romanian national ( which is not article 10 residence card) enter together with my spouse EU (Romanian) national having pre-settled status... VIA france ...EURO TUNNEL but at UK BORDER they didn"t stamped my passport or placed any endorsement.even though i requested for one , and even supervisor of them confirmed of no requirements of stamp..and i am good to go and enter UK.
i want to apply pre-settled status.....

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