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UK Spouse Visa or Surinder Singh?

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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dazzle
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Posts: 120
Joined: Fri Nov 06, 2009 7:33 am

UK Spouse Visa or Surinder Singh?

Post by dazzle » Mon Apr 18, 2011 1:42 pm

Hello all.. could you give me some opinions on this situation please.

My wife was denied a UK spouse visa in 2009. After a lengthy 13 month appeal the refusal was overturned and the visa issued.

During the appeal process we laid down roots in another EU country and she now has an residence card for that country. We've been here for 8 months.

We do still want to move to the UK asap. However because of the length of the appeal, the job offer that I had during the initial UK visa application is no longer on offer. So I am waiting for a new UK job offer before we move, and I don't know how much longer this will take - vacancies for my profession are very few and far between.

The thing is, I believe that my wife will have to obtain FLR in the future because of the delay in making the move to the UK, in order to meet requirements for ILR, if we continue through the national immigration law route. So would it be better to go down the EU route under Surinder Singh instead?

What are the pros and cons of each route, in terms of costs, timescales, progression to British citizenship, and other hoops to jump through such as the Life in UK test?

Thanks!
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vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Apr 18, 2011 2:12 pm

See also EEA Fp/ EEA2 or FLR(M)?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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dazzle
Member
Posts: 120
Joined: Fri Nov 06, 2009 7:33 am

Post by dazzle » Mon Apr 18, 2011 3:25 pm

Thanks for the link. The reference to http://www.lawcentreni.org/EoR/immigrat ... tions.html was very useful.

The only thing it doesn't seem to cover is the application for citizenship in the future. Will it affect the residence qualifying period? I assume it would still be 3 years of lawful residence if we choose the Surinder Singh route? I've looked on the home office web site but there doesn't seem to be reference to this exact situation
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vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Apr 18, 2011 3:34 pm

Citizenship requires ILR or PR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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dazzle
Member
Posts: 120
Joined: Fri Nov 06, 2009 7:33 am

Post by dazzle » Mon Apr 18, 2011 4:06 pm

So effectively going down the ILR route will require minimum 3 years of residence to be eligible for citizenship. Whereas with PR it will take 5 years.

So the question is now - Are the extra 2 years worth the free and simpler procedures? A personal choice of course, and one for my wife and I to think about.

Vinny thanks for the clarification of things.
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86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Mon Apr 18, 2011 4:20 pm

dazzle wrote:Whereas with PR it will take 5 years.
You must be free of immigration restrictions for at least 1 year which would mean 6 years in the typical case. How possible new rules will affect naturalisation through the EEA route is still unclear as far as I know.
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vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Apr 18, 2011 10:46 pm

86ti wrote:
dazzle wrote:Whereas with PR it will take 5 years.
You must be free of immigration restrictions for at least 1 year which would mean 6 years in the typical case.
Unless you're the spouse or civil partner of a British citizen.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Apr 28, 2011 3:24 pm

dazzle,

Are you working right now?

Out of curiosity, which country are you in?
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