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What visa can we get for our children after Surinder Singh?

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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ryuzaki
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What visa can we get for our children after Surinder Singh?

Post by ryuzaki » Tue Apr 07, 2020 9:24 am

I am British and my wife is Chinese. She has pre-settled status after making a Surinder Singh application (previously lived in the EEA together). She has two children, both Chinese living in China.

We were told by a lawyer that we could apply for an EU Settlement Scheme Family Permit. Is that right? The government website seems to say only EEA nationals can use it, not non-EEA citizens who used Surinder Singh.

What other kinds of visa can we apply for?

Thanks so much.

secret.simon
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Re: What visa can we get for our children after Surinder Singh?

Post by secret.simon » Tue Apr 07, 2020 12:24 pm

How old are the children?
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ryuzaki
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Re: What visa can we get for our children after Surinder Singh?

Post by ryuzaki » Tue Apr 07, 2020 12:40 pm

Thanks for your reply. One is 8 and the other is 19. I understand that the 19 year old won't be able to get a child dependent visa under UK rules, but EU rules allow up to age 21.

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CR001
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Re: What visa can we get for our children after Surinder Singh?

Post by CR001 » Tue Apr 07, 2020 1:02 pm

my understanding is that for a Surinder SIngh application, all those applying to come to the UK should have been with the British citizen in the other EU state while the British citizen was exercising treaty rights, to qualify for the surinder singh route.

Reading your other topics/posts, it appears the children did not reside with you or your spouse in Ireland at all under the EU rules as part of your household.

Where are the childrens other parent??

Would have been easier if you had remained in Ireland and as you yoursefl stated in 2018 : Ireland is our home now and plan to obtain Irish citizenship.

ireland/spouse-of-an-eea-citizen-diary- ... l#p1673480
ryuzaki wrote:
Fri Aug 24, 2018 8:49 am
I am aware of that, but that isn't my intention. My salary in Ireland is much better than I can get in the UK for doing the same job, and there is much more opportunity to own a home instead of renting forever. Ireland is our new home now and I made that clear in the application. It's not some little low paid McJob for six months, it's a well paid senior position at a long established company.

In any case, with Brexit coming there isn't time to try the UK route, even if I could afford it on UK salary. And really who wants to stay in the UK with that iceberg looming? I want to retain my EU membership by becoming an Irish citizen.

Some people do get reasonably quick decisions. Most of the problems seem to be in countries like Pakistan.
Char (CR001 not Casa)
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ryuzaki
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Re: What visa can we get for our children after Surinder Singh?

Post by ryuzaki » Tue Apr 07, 2020 1:22 pm

Yes, we would have been better off staying in Ireland. They didn't join us there and the father died years ago.

Thanks for your help, that was my understanding too. I will talk to the lawyer more, it seems like he has his wires crossed.

ryuzaki
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Re: What visa can we get for our children after Surinder Singh?

Post by ryuzaki » Wed Apr 08, 2020 9:26 am

Heard back from the lawyer. He says the basis of the application would be Surinder Singh and that the rights continue even though we were forced to move back to the UK.

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Re: What visa can we get for our children after Surinder Singh?

Post by CR001 » Wed Apr 08, 2020 9:28 am

But the childrend did not reside in the other EU state with you under the EU regulations.

https://www.gov.uk/family-permit/surinder-singh
Surinder Singh

You might be able to apply for an EEA family permit if you’ve lived in another EEA country with an eligible family member who’s a British citizen. This is known as making a ‘Surinder Singh’ application.

Your British family member must be one of the following:

your spouse (husband or wife) or civil partner
your parent or grandparent (or their spouse or civil partner) - you must also be under 21 years old or dependent on them
your child or grandchild (or their spouse or civil partner) - you must be dependent on them

This includes family members who were adopted under an adoption order that’s recognised in UK law.
Eligibility requirements

You and your British family member must prove that you:

meet the eligibility in the EEA country where you live now - if you want to come to the UK at the same time
met the eligibility while living together in another EEA country - if you want to join your British family member in the UK
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ryuzaki
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Re: What visa can we get for our children after Surinder Singh?

Post by ryuzaki » Wed Apr 08, 2020 9:58 am

That's what I thought, but what does it mean "if you’ve lived in another EEA country with an eligible family member who’s a British citizen"?

I lived with my wife there and she got pre-settled status on that basis. So we have an eligible family member and this lawyer seems to be saying that her rights continue, so she can have her children join her.

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Re: What visa can we get for our children after Surinder Singh?

Post by CR001 » Wed Apr 08, 2020 10:17 am

The children would have had to reside in the EU state (not UK) with you and your wife to qualify for surinder Singh route back to the uk.
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