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Surinder Singh before dec 2013

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

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jukesellar
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Posts: 1
Joined: Tue Apr 16, 2019 9:18 pm
South Africa

Surinder Singh before dec 2013

Post by jukesellar » Tue Apr 16, 2019 9:24 pm

Hi all, looking for some advice I am about to submit my settlement status application, I entered the UK and ontained an eea residency permit based on surinder Singh before dec 2018 (centre of life law) came into play. I think I read on the guidelines of the application that if u entered before the centre of life requirement came in rhe caseworkers have 2 assume you were not coming living in the EU to essentially come to the uk? Is this true as I am feeling anxious about my application, I also have 2 British children in education and I'm seriously stressing. Any help would be welcomed.

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

Re: Surinder Singh before dec 2013

Post by mufc69 » Tue Apr 16, 2019 11:51 pm

jukesellar wrote:
Tue Apr 16, 2019 9:24 pm
Hi all, looking for some advice I am about to submit my settlement status application, I entered the UK and ontained an eea residency permit based on surinder Singh before dec 2018 (centre of life law) came into play. I think I read on the guidelines of the application that if u entered before the centre of life requirement came in rhe caseworkers have 2 assume you were not coming living in the EU to essentially come to the uk? Is this true as I am feeling anxious about my application, I also have 2 British children in education and I'm seriously stressing. Any help would be welcomed.
If you are applying under Surinder Singh you must contact the EU resolution team to request a paper application as Surinder Singh applications are done by paper and not online. The EU settlement scheme is based on residence and not if you have been exercising treaty rights such as working or studying or having to hold health insurance, it’s based on continuous residence so if you’ve been living in the UK since December 2013 then you will qualify for settled status.

ellyell
Junior Member
Posts: 75
Joined: Mon Apr 01, 2019 4:02 pm

Re: Surinder Singh before dec 2013

Post by ellyell » Wed Apr 17, 2019 9:38 am

mufc69 wrote:
Tue Apr 16, 2019 11:51 pm
jukesellar wrote:
Tue Apr 16, 2019 9:24 pm
Hi all, looking for some advice I am about to submit my settlement status application, I entered the UK and ontained an eea residency permit based on surinder Singh before dec 2018 (centre of life law) came into play. I think I read on the guidelines of the application that if u entered before the centre of life requirement came in rhe caseworkers have 2 assume you were not coming living in the EU to essentially come to the uk? Is this true as I am feeling anxious about my application, I also have 2 British children in education and I'm seriously stressing. Any help would be welcomed.
If you are applying under Surinder Singh you must contact the EU resolution team to request a paper application as Surinder Singh applications are done by paper and not online. The EU settlement scheme is based on residence and not if you have been exercising treaty rights such as working or studying or having to hold health insurance, it’s based on continuous residence so if you’ve been living in the UK since December 2013 then you will qualify for settled status.
I am not sure if this is actually the case. If you look at Settlement Scheme details through this link below you will see Surinder Singh cases will need to provide more details. (not just 5 year continuous residence)

https://www.gov.uk/settled-status-eu-ci ... ss-citizen


When you need to provide more evidence
In some cases, you’ll also need to provide the same documents as you would for a residence card application.

Check which documents you’d provide for a residence card application if:


your family member is a British citizen and you lived together in an EU or EEA country that isn’t the UK, or in Switzerland - known as a ‘Surinder Singh’ application
your family member is both a British citizen and an EU, EEA or Swiss citizen, and lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship
you used to have an EU, EEA or Swiss family member living in the UK - known as a ‘retained rights of residence’ application
you’re the primary carer of a British, EU, EEA or Swiss citizen
you’re the child of an EU, EEA or Swiss citizen who used to live and work in the UK, or their primary carer

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

Re: Surinder Singh before dec 2013

Post by mufc69 » Wed Apr 17, 2019 10:36 am

Surinder Singh applicants may have to provide evidence of residing in another EU country this can be stamps in the non EU passport etc, I think if someone has been issued a residence card in the UK under EEA and have accrued 5 years or more for settled status then I think that should satisfy without having to send additional documents.

ellyell
Junior Member
Posts: 75
Joined: Mon Apr 01, 2019 4:02 pm

Re: Surinder Singh before dec 2013

Post by ellyell » Wed Apr 17, 2019 10:57 am

mufc69 wrote:
Wed Apr 17, 2019 10:36 am
Surinder Singh applicants may have to provide evidence of residing in another EU country this can be stamps in the non EU passport etc, I think if someone has been issued a residence card in the UK under EEA and have accrued 5 years or more for settled status then I think that should satisfy without having to send additional documents.
I agree as we already submitted those documents with RC application.
But I think the reason behind excluding Surinder Singh cases from online application and instead asking for paper application form is basically to ask us again to prove this.

We will see this once we receive the paper form - hopefully in 2 weeks time

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

Re: Surinder Singh before dec 2013

Post by mufc69 » Wed Apr 17, 2019 11:36 am

Fingers crossed buddy hopefully next week it will arrive. I think the main change is the Settlement Scheme is that the British citizen does not need to provide evidence of exercising treaty rights such working studying etc, hopefully the paper application will be straight forward.

mkhan2525
Member
Posts: 244
Joined: Thu Sep 11, 2014 8:27 pm

Re: Surinder Singh before dec 2013

Post by mkhan2525 » Wed Apr 17, 2019 1:51 pm

mufc69 wrote:
Wed Apr 17, 2019 11:36 am
I think the main change is the Settlement Scheme is that the British citizen does not need to provide evidence of exercising treaty rights such working studying etc
There was never a requirement to be a qualified person on return to the UK in EU law. It was invented as another means to refuse applications just like the so called centre of life test.

The settled status scheme doesn't offer anything new to Surinder Singh cases. Only EU nationals benefit from the scheme as they do not need to show they were exercising an economic activity.

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

Re: Surinder Singh before dec 2013

Post by mufc69 » Wed Apr 17, 2019 5:19 pm

I do agree with you although Surinder Singh applicants will NOT need to prove exercising treaty rights under the scheme as it’s based on residency, but I’m curios as to what other requirements they are wanting? If people have successfully completed Surinder Singh why would they be required to show evidence of working in another EU country?

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