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Questions about Surinder Singh for Old Age Parents

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

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jzg86d
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Questions about Surinder Singh for Old Age Parents

Post by jzg86d » Mon Dec 21, 2015 11:26 pm

Hi folks, I have been working full time in a EU country in the last two years. My partner and kids are living in the UK. I have been back to UK every month for one or two weekends during the last two years. I rent accommodation in the EU country and take part in lots of local activities in the country. My non EU parents financially rely on me during the period as well but are not living with me. I understand that only couple are required to live together while the British exercises the EU treaty right Can my parents apply for the residence permit under the surinder singh? Any advice? Thanks!

secret.simon
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Re: Questions about Surinder Singh for Old Age Parents

Post by secret.simon » Tue Dec 22, 2015 5:15 am

I doubt even couples are required to live together when in an EEA country. They just need to be inthe same EEA country as each other, not necessarily living together.

However, you will need to prove that the center of your life is in the other EEA Country in order to bring your family members (your parents) back with you to the UK. If your partner and kids are in the UK, I believe you will fail the test.
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.

jzg86d
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Re: Questions about Surinder Singh for Old Age Parents

Post by jzg86d » Tue Dec 22, 2015 9:10 am

Thanks secret.simon! Just wondering why an individual person's centre of life is linked with partner and kids. Does it mean if I was a single person, I would be qualified but I am not qualified for being a married person? What about if I buy a property in the EU country as well? Thanks!

Wanderer
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Re: Questions about Surinder Singh for Old Age Parents

Post by Wanderer » Tue Dec 22, 2015 10:41 am

jzg86d wrote:Thanks secret.simon! Just wondering why an individual person's centre of life is linked with partner and kids. Does it mean if I was a single person, I would be qualified but I am not qualified for being a married person? What about if I buy a property in the EU country as well? Thanks!
You'd need to have moved your total centre of life to the EU state, having a house, family and kids in UK isn't doing that.
An chéad stad eile Stáisiún Uí Chonghaile....

noajthan
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Re: Questions about Surinder Singh for Old Age Parents

Post by noajthan » Tue Dec 22, 2015 12:00 pm

jzg86d wrote:Hi folks, I have been working full time in a EU country in the last two years. My partner and kids are living in the UK. I have been back to UK every month for one or two weekends during the last two years. I rent accommodation in the EU country and take part in lots of local activities in the country. My non EU parents financially rely on me during the period as well but are not living with me. I understand that only couple are required to live together while the British exercises the EU treaty right Can my parents apply for the residence permit under the surinder singh? Any advice? Thanks!
In the pure European form of Surinder Singh maybe they could, but even then its likely parents would be expected to have been living with you (in the EU country): "creating & strengthening family life"

With the UK's controversial centre of life wrapper around Surinder Singh your suggested approach will not fly.

HO training slides & guidance notes on Surinder Singh (for caseworkers) will show you why:
https://www.gov.uk/government/publicati ... nuary-2014
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Re: Questions about Surinder Singh for Old Age Parents

Post by noajthan » Tue Dec 22, 2015 12:13 pm

fyi - here's an example of HO playing hardball with centre of life rules (even after issuing a FP to spouse of someone who had been working in a.n.other EU country):
http://www.immigrationboards.com/eea-ro ... 99819.html

This appears to be some sort of 'Mornington Crescent'-type approach to administering Surinder Singh.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
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Re: Questions about Surinder Singh for Old Age Parents

Post by secret.simon » Wed Dec 23, 2015 3:42 am

noajthan wrote:'Mornington Crescent'-type approach
Not everybody will necessarily understand or appreciate the expression. You may wish to elucidate.
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.

noajthan
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Re: Questions about Surinder Singh for Old Age Parents

Post by noajthan » Wed Dec 23, 2015 4:23 pm

secret.simon wrote:
noajthan wrote:'Mornington Crescent'-type approach
Not everybody will necessarily understand or appreciate the expression. You may wish to elucidate.
Good point, although those who have passed LITUK will no doubt be well aware.

Mornington Crescent = an English cultural reference:
a panel game popularised by a radio comedy show ("I'm Sorry I Haven't A Clue") on Radio 4.
The game consists of each panelist in turn announcing a landmark or street, most often a tube station on the London Underground system. The apparent aim is to be the first to announce "Mornington Crescent", a station on the Northern Line.

Despite appearances, however, there are no rules to the game, and both the naming of stations and the specification of "rules" are based on stream-of-consciousness association and improvisation.

Thus the game is intentionally incomprehensible
All that is gold does not glitter; Not all those who wander are lost. E&OE.

jzg86d
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Re: Questions about Surinder Singh for Old Age Parents

Post by jzg86d » Tue Jun 14, 2016 8:11 am

Hi guys, coming back to my old post. I have purchased property in the EU country and have been working in the country for few years. My parents and children joint in me and are living in the country with me. I am covering all living costs for my parents. Children are going to the local schools. Apart from "eu referendum" may give bad effect, are there any other issues may preventing success of my applications under surinder singh? Thanks!

secret.simon
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Re: Questions about Surinder Singh for Old Age Parents

Post by secret.simon » Tue Jun 14, 2016 10:36 am

jzg86d wrote:I have purchased property in the EU country
jzg86d wrote:Children are going to the local schools.
jzg86d wrote:I am covering all living costs for my parents.
Sounds like good planning. Covers most bases. Where is the partner?
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.

jzg86d
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Re: Questions about Surinder Singh for Old Age Parents

Post by jzg86d » Wed Jun 15, 2016 11:39 am

Parner s job is in UK but his travels to the EU country quite alot for work as well.

noajthan
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Re: Questions about Surinder Singh for Old Age Parents

Post by noajthan » Wed Jun 15, 2016 12:48 pm

jzg86d wrote:Parner s job is in UK but his travels to the EU country quite alot for work as well.
That's likely to be a big weakness in your whole case. It weakens your position vis a vis centre of life.
Where does partner actually reside?

Suggest reread the earlier posts on this matter (see above); this point was made by a number of members.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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