ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Sunrider singh route urgent question

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

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

Locked
Johncash1032
Newly Registered
Posts: 3
Joined: Mon Sep 17, 2018 9:41 pm
Nigeria

Sunrider singh route urgent question

Post by Johncash1032 » Tue Sep 18, 2018 5:25 am

Please everyone I need your help on this question!
I've read everything on going through the surinder singh route and I understand most of everything. My wife is a British passport holder and I Non-EU, going to France to live and work for six months so that we can use the surinder singh route. But she still want to keep her job in London, that means coming back to London for 3 to 4 days in a week while still keeping her job in France. She will be paying for tax in France and also get register to France health insurance and library card and other things. The questions is,
1. Will this affect the centre of live when we want to apply for EEA or surinder singh?
2. Can she go out of France to London through trial with be notice?
Please note that her going to to London will be on weekends from Thursday to Sunday. Please anyone should help me out here cos we're really confuse. Thanks

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: Sunrider singh route urgent question

Post by secret.simon » Tue Sep 18, 2018 6:32 am

If she will work for half a week in the UK, she will hardly have moved the centre of her life to France, will she?

Does she not earn enough to sponsor you through the UK Immigration Rules?
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.

Johncash1032
Newly Registered
Posts: 3
Joined: Mon Sep 17, 2018 9:41 pm
Nigeria

Re: Sunrider singh route urgent question

Post by Johncash1032 » Tue Sep 18, 2018 7:10 am

secret.simon wrote:
Tue Sep 18, 2018 6:32 am
If she will work for half a week in the UK, she will hardly have moved the centre of her life to France, will she?

Does she not earn enough to sponsor you through the UK Immigration Rules?
She doesn't earn enough for her to sponsor me through UK immigration Rules cos she's self employed in the UK for now and not earning up to that.
Her going back and fort will be to keep her client in the UK as she cant employ someone to do her job. Please since she won't be getting a stamp on her passport can she be going back and fort? Will 4th hid affect her centre of living in France?

eirelover
Newbie
Posts: 30
Joined: Wed Dec 06, 2017 2:27 am
Morocco

Re: Sunrider singh route urgent question

Post by eirelover » Thu Sep 20, 2018 11:18 am

Sorry mate but it doesn't work that way.

Your British wife has to prove that she genuinely moved her centre of life from the UK to France (That's one of many criterias that you have to meet when applying for a UKRC under SS).

You stated that your British wife will keep her job in London (I understand she'll entering/leaving the UK every week for the next 6 months).

Many British people exercising their treaty rights in order to bring their Non-EU spouses under the Surinder Singh judgement leave their jobs in the UK and spend more than +12 months in EU countries, and yet they get refused for circumventing the UK's immigration laws.

Certainly some of them appeal, take it to court and succeed, but I can tell you your chances of succeeding this way are slim to non-existing. It'll be a waste of time and money and a pain in the mule and paperwork....

This is my personal opinion, best of luck!

mulderpf
Diamond Member
Posts: 1669
Joined: Sat Oct 16, 2010 7:10 am
Location: London

Re: Sunrider singh route urgent question

Post by mulderpf » Thu Sep 20, 2018 11:44 am

Not having a stamp in your passport doesn't mean you haven't travelled. It also definitely isn't the only record of having travelled.
Do not send me PM's with specific questions - post question in the open forum so others can also benefit from the answers.

colouk
Newly Registered
Posts: 6
Joined: Wed Sep 19, 2018 5:11 pm

Re: Sunrider singh route urgent question

Post by colouk » Thu Sep 20, 2018 11:53 am

eirelover wrote:
Thu Sep 20, 2018 11:18 am
Sorry mate but it doesn't work that way.

Your British wife has to prove that she genuinely moved her centre of life from the UK to France (That's one of many criterias that you have to meet when applying for a UKRC under SS).

You stated that your British wife will keep her job in London (I understand she'll entering/leaving the UK every week for the next 6 months).

Many British people exercising their treaty rights in order to bring their Non-EU spouses under the Surinder Singh judgement leave their jobs in the UK and spend more than +12 months in EU countries, and yet they get refused for circumventing the UK's immigration laws.

Certainly some of them appeal, take it to court and succeed, but I can tell you your chances of succeeding this way are slim to non-existing. It'll be a waste of time and money and a pain in the mule and paperwork....

This is my personal opinion, best of luck!
I second this. My husband and I went through this route and he got a FP as we lived in another EU country for 2.5 years. Currently waiting for his EEA2 RC. From all the research that I did, it was very clear that those using this option as a loophole - rather than having legitimately wanted to and lived abroad and then decided to return - will be found out. Especially if she continues to work in the UK and spent half her time there. She has to prove that she was working/self-employed or self-sufficient in the EU country and that you both had a rich social/cultural life integrating etc. It's a hell of a lot of evidence that is required and 6 months half-heartedly is unlikely to succeed unfortunately. On the off chance that they don't think you're just using it as a loophole, they'll certainly question why she was working only a day or so per week in France and how you managed to survive off that income, plus the reason for wanting to return so soon. In addition to that, you're cutting it extremely fine given that Brexit happens in 6 months from now and you intend on going to France for 6 months and then applying for a FP... so surely this route will be closed afterwards? I'm not sure either how it would work if you did manage to enter with a FP just days before Brexit because surely the Residence Card application using the Surinder Singh justification will not longer exist either...?

Johncash1032
Newly Registered
Posts: 3
Joined: Mon Sep 17, 2018 9:41 pm
Nigeria

Re: Sunrider singh route urgent question

Post by Johncash1032 » Thu Sep 27, 2018 8:57 am

thanks all for your beautiful answer! We have decided to make living in France our base for now.

Locked
cron