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Surinder Singh application, previously removed from the UK

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

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Heroditus
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Surinder Singh application, previously removed from the UK

Post by Heroditus » Sun Aug 01, 2021 2:09 pm

Hello, I would like some advice regarding a "Surinder Singh" application for my non-EU husband to join me (UK citizen) in the UK. Due to Brexit, the deadline for this type of application from outside the UK is the 29th March 2022.

We have been living and working in Switzerland for over five years, where we both have residency (I have permanent residency) and in a civil partnership from January 2017. We fulfil all the criteria for the application, however the case is further complicated by the previous circumstances of my husband:

Before we met he was living and working in the UK from 2007 until 2011 when he was removed after a high court case due to a failed asylum application. I stress that it was an asylum application after his visa expired, it was nothing criminal!

I do not have the court documents and I do not know if he was subject to a re-entry ban (which could be either 5 years or 10 years depending on whether he left voluntarily: he doesn't know, because the ticket was paid for by the UK government but he didn't cause any issues and went along with everything they wanted him to do). If it was a 10 year ban, it would be expiring in November 2021 (in a few months time), which means we still would have time to apply to go back to the UK before the Surinder Singh application deadline in March 2022.

I would like to know if his immigration history would be an obstacle to our application? It does say that you have to list any history of UK visas/removals etc. So obviously we would have to mention it. Theoretically it shouldn't be a hinderance as we are exercising our free movement rights before the expiry deadline, but knowing the state of the Home Office nowadays I don't know.

Any advice would be welcome.

oderaam
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Posts: 4
Joined: Sun Jun 27, 2021 1:42 pm

Re: Surinder Singh application, previously removed from the UK

Post by oderaam » Thu Aug 05, 2021 11:03 pm

Give it a shot. I do not thing that is gonna be an issue. Declare everything and let them do fact-finding and make decision.

I hope This helps

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Surinder Singh application, previously removed from the UK

Post by secret.simon » Fri Aug 06, 2021 8:19 am

Your spouse should make an SAR request with the Home Office to see what information they have on file with him.

It would also be useful for them to contact the lawyer/solicitor who argued their case in front of the High Court to get a copy of the High Court judgment.
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.

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