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"Why are you returning to the UK" - trick question?

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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Posts: 127
Joined: Mon Oct 19, 2015 4:09 pm

"Why are you returning to the UK" - trick question?

Post by ryuzaki » Fri Aug 23, 2019 9:04 pm

I see that the Surinder Singh route route settlement scheme form asks why you are returning to the UK. Is this a trick question? Using the Surinder Singh route route it doesn't seem to matter at all why you are returning, legally speaking.

If I put "Brexit uncertainty" could that be a problem? Or "FOM may end in October"?

secret.simon
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Re: "Why are you returning to the UK" - trick question?

Post by secret.simon » Sat Aug 24, 2019 1:01 am

ryuzaki wrote:
Fri Aug 23, 2019 9:04 pm
Using the Surinder Singh route route it doesn't seem to matter at all why you are returning, legally speaking.
Perhaps not in a pure-Surinder Singh implementation.

But the UK implementation of the Surinder Singh rule does expressly forbid triggering Surinder-Singh purely to get around the UK Immigration Rules. See Regulation 9(4)(a), which is also incorporated into Appendix EU/Settled Status. Therefore the question.
ryuzaki wrote:
Fri Aug 23, 2019 9:04 pm
If I put "Brexit uncertainty" could that be a problem? Or "FOM may end in October"?
You may put that down as your response.

But a better response would be something that would indicate that you had to return for work related reasons. So, perhaps your office transferred you back or your self-employment business required you to return to the UK for business reasons.
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.

ryuzaki
Member
Posts: 127
Joined: Mon Oct 19, 2015 4:09 pm

Re: "Why are you returning to the UK" - trick question?

Post by ryuzaki » Sat Aug 24, 2019 7:33 am

I see, thanks.

I am keeping my job until March, working remotely, then I'll have to find something else, so I can't really claim that. We didn't want to be stranded because of brexit, especially if there is no-deal.

Not sure how to word it. Would like to just put "brexit" or "brexit uncertainty" without further explanation.

Obie
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Location: UK/Ireland
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Re: "Why are you returning to the UK" - trick question?

Post by Obie » Sat Aug 24, 2019 11:11 am

Regulation 9(4)(a) is not correct and has no basis in EU law.
It essentially makes a mockery of Akrich.

It is encouraging that most Upper Tribunal judges have started to ignore it.

It suffices that genuine residence was established. This nonsense mumbo jumbo about reasons for moving and centre of life, have no application in EU law.
Black life matters.

ryuzaki
Member
Posts: 127
Joined: Mon Oct 19, 2015 4:09 pm

Re: "Why are you returning to the UK" - trick question?

Post by ryuzaki » Sat Aug 24, 2019 2:36 pm

I agree, I just want my application to go through quickly and first time.

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