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Was she working, a student, unemployed, self sufficient, etc. What has she been doing in the UK since she returned from the EU member state?
Does this mean people have officially accepted that EIND is not applicable to SS route anymore? Has there been any ruling on SS PR applications to discard EIND?
Retired people who receive a pension from their home country can be considered as self-sufficient if they have CSI or form E121/S1, which is the equivalent of EHIC for pensioners.Cookie1295 wrote: ↑Wed Nov 14, 2018 10:05 amOk thanks for that — since returning we are both retired on private pension
No, it's most likely not. The UK-EU draft agreement covers "Union citizens who exercised their right to reside in the United Kingdom in accordance with Union law before the end of the transition period and continue to reside there thereafter" and their family members. It heaves very closely to the language of the Directive. As far as I can see, none of the judicially provided routes (SS, Chen, Zambrano) are protected.
To the OP, to elaborate on Casa's point (and Casa, correct me if I am wrong), entering the UK as a visitor at the ports while then attempting to reside in the UK under the SS route may cause issues with any applications under UK law (such as naturalisation). That is because it would count as deception and entering the country under false pretences. You should have been upfront with the Border Force about exercising rights under ECJ case law from day one.
I agree in that both claims can't be true. Either the declaration that the entries are as a genuine visitor or the claim to be residing in the UK under Surinder Singh must be false.secret.simon wrote: ↑Thu Nov 15, 2018 9:57 pmTo the OP, to elaborate on Casa's point (and Casa, correct me if I am wrong), entering the UK as a visitor at the ports while then attempting to reside in the UK under the SS route may cause issues with any applications under UK law (such as naturalisation). That is because it would count as deception and entering the country under false pretences. You should have been upfront with the Border Force about exercising rights under ECJ case law from day one.
So what happens to people who have genuinely arrived in the UK under SS and will have acquired 5 years residence? they will be deported? my wife's residence card expires in May 2019 we have 2 children born in the UK, this is deeply worrying.secret.simon wrote: ↑Thu Nov 15, 2018 9:50 pmNo, it's most likely not. The UK-EU draft agreement covers "Union citizens who exercised their right to reside in the United Kingdom in accordance with Union law before the end of the transition period and continue to reside there thereafter" and their family members. It heaves very closely to the language of the Directive. As far as I can see, none of the judicially provided routes (SS, Chen, Zambrano) are protected.
See Pages 8/9 and from Page 20 onwards of theDraft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.
Opinion
The pre-Brexit ECJ case law will be imported into UK law (to maintain continuity), but can subsequently be amended by Parliament. Given that people on SS and Zambrano have alternatives under the UK Immigration Rules (FLR(M) and FLR(FP)), it is not impossible that only Chen survives. Even that may be subsumed into FLR(FP).
The UK government may offer to allow people on these routes to remain in the UK. But that will be a grant of the UK authorities, bot a requirement of the treaty.
Then again, given how close we seen to be to a no-deal situation, I would not be optimistic of the Deal going through, though given the circumstances, I feel that it is the best deal that we can get in the circumstances.
Most likely the UK government will grant them Leave To Remain under the UK Immigration Rules. However, it is not protected under the proposed Treaty, but based on the goodwill of the UK government.
So presumably that aspect may not be an issue for acquiring PR under EU law. And there's still the matter over whether the OP and partner have CSI or not, to support application as self-sufficient.secret.simon wrote: ↑Thu Nov 15, 2018 9:57 pmTo the OP, to elaborate on Casa's point (and Casa, correct me if I am wrong), entering the UK as a visitor at the ports while then attempting to reside in the UK under the SS route may cause issues with any applications under UK law (such as naturalisation). That is because it would count as deception and entering the country under false pretences. You should have been upfront with the Border Force about exercising rights under ECJ case law from day one.