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EU Withdrawal Agreement - Surinder Singh:

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

mufc69
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Surinder Singh rights to remain?

Post by mufc69 » Tue Feb 07, 2017 5:07 pm

Hello, my wife is from the Philippines and has now settled in the U.K. under Surinder Singh for more than 3 years now, would like to know if those who have settled in the U.K. under SS will also have the right to remain as other Europeans will?

noajthan
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Re: Surinder Singh rights to remain?

Post by noajthan » Tue Feb 07, 2017 5:14 pm

Are you a qualified person (in UK)? ie in EU immigration context
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mufc69
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Re: Surinder Singh rights to remain?

Post by mufc69 » Tue Feb 07, 2017 5:19 pm

noajthan wrote:Are you a qualified person (in UK)? ie in EU immigration context
Yes, we lived and I worked in the Repulic of Ireland, my wife received the UK family permit in 2013 and when we moved back to the UK she applied for the UK residence card which expires in 2019.

MrSlyFox
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Re: Surinder Singh rights to remain?

Post by MrSlyFox » Tue Feb 07, 2017 5:32 pm

mufc69 wrote:Hello, my wife is from the Philippines and has now settled in the U.K. under Surinder Singh for more than 3 years now, would like to know if those who have settled in the U.K. under SS will also have the right to remain as other Europeans will?
Is the question about current rights or what potential transitional arrangments for EU citizens after Brexit? The later of which haven't been written yet but fingers crossed they come to agreement with other EEA countries shortly after the withdrawal negotiations begin.

noajthan
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Re: Surinder Singh rights to remain?

Post by noajthan » Tue Feb 07, 2017 5:36 pm

mufc69 wrote:
noajthan wrote:Are you a qualified person (in UK)? ie in EU immigration context
Yes, we lived and I worked in the Repulic of Ireland, my wife received the UK family permit in 2013 and when we moved back to the UK she applied for the UK residence card which expires in 2019.
I didn't mean in your host country but now, in UK.
The UK changes to EEA Regs (November 2015) appear to have done away with Eind and require the BC sponsor to be a qualified person.

On possible post-Brexit arrangements, see:
http://www.immigrationboards.com/refere ... l#p1451249
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mufc69
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Re: Surinder Singh rights to remain?

Post by mufc69 » Tue Feb 07, 2017 6:15 pm

noajthan wrote:I didn't mean in your host country but now, in UK.
The UK changes to EEA Regs (November 2015) appear to have done away with Eind and require the BC sponsor to be a qualified person.

On possible post-Brexit arrangements, see:
http://www.immigrationboards.com/refere ... l#p1451249
Under current rules my wife can apply for permanent residence in 2018 as she will then have 5 years of continuous residence in the UK, do you think she will still be able to apply for PR or will she also be gave rights to remain with other qualified EU citizens?

noajthan
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Re: Surinder Singh rights to remain?

Post by noajthan » Tue Feb 07, 2017 6:40 pm

mufc69 wrote:Under current rules my wife can apply for permanent residence in 2018 as she will then have 5 years of continuous residence in the UK, do you think she will still be able to apply for PR or will she also be gave rights to remain with other qualified EU citizens?
PR acquired by 2018 may now depend if you have been a qualified person since your joint return to UK.

As for transitional arrangements, noone can say.
You will have to rely on the traditional British sense of fair play and whatever comes out of negotiations.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mufc69
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Re: Surinder Singh rights to remain?

Post by mufc69 » Tue Feb 07, 2017 6:43 pm

noajthan wrote:
mufc69 wrote:Under current rules my wife can apply for permanent residence in 2018 as she will then have 5 years of continuous residence in the UK, do you think she will still be able to apply for PR or will she also be gave rights to remain with other qualified EU citizens?
PR acquired by 2018 may now depend if you have been a qualified person since your joint return to UK.

As for transitional arrangements, noone can say.
You will have to rely on the traditional British sense of fair play and whatever comes out of negotiations.

What would qualify me as a qualified person? :?:

MrSlyFox
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Re: Surinder Singh rights to remain?

Post by MrSlyFox » Tue Feb 07, 2017 7:24 pm

You have to meet all the requirements that EEA Nationals have to meet minus one or two such as the requirement that health insurance must extend to the British Citizen etc.


Here is the guidance for family members of British Citizens:
https://www.gov.uk/government/uploads/s ... ns-_v1.pdf

See page 7 for who is a qualified person

Qualified person: a worker, Self-employed, student (Wife needs CSI), self-sufficient (Your wife would need CSI i.e. private health insurance), job seeker

mufc69
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Re: Surinder Singh rights to remain?

Post by mufc69 » Tue Feb 07, 2017 7:34 pm

MrSlyFox wrote:You have to meet all the requirements that EEA Nationals have to meet minus one or two such as the requirement that health insurance must extend to the British Citizen etc.


Here is the guidance for family members of British Citizens:
https://www.gov.uk/government/uploads/s ... ns-_v1.pdf

See page 7 for who is a qualified person

Qualified person: a worker, Self-employed, student (Wife needs CSI), self-sufficient (Your wife would need CSI i.e. private health insurance), job seeker
As a dual citizen from Northern Ireland , i think my wife applying for Irish naturalisation might be an easier process instead of going through this whole hassle again. :?

noajthan
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Re: Surinder Singh rights to remain?

Post by noajthan » Tue Feb 07, 2017 7:37 pm

When you worked in Eire were you Irish or British?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mufc69
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Re: Surinder Singh rights to remain?

Post by mufc69 » Tue Feb 07, 2017 7:40 pm

noajthan wrote:When you worked in Eire were you Irish or British?
I was working in Ireland as a British citizen.

Obie
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Re: Surinder Singh rights to remain?

Post by Obie » Tue Feb 07, 2017 7:41 pm

You wife will only qualify for Irish Citizenship if you live in Northern Ireland.
Smooth seas do not make skilful sailors

mufc69
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Re: Surinder Singh rights to remain?

Post by mufc69 » Tue Feb 07, 2017 7:42 pm

Obie wrote:You wife will only qualify for Irish Citizenship if you live in Northern Ireland.
Yes, I live in Northern Ireland.

mufc69
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Re: Surinder Singh rights to remain?

Post by mufc69 » Tue Feb 07, 2017 7:48 pm

Obie wrote:You wife will only qualify for Irish Citizenship if you live in Northern Ireland.
Would you know long is the turnaround time for an application for Irish Naturalisation?

Obie
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Re: Surinder Singh rights to remain?

Post by Obie » Tue Feb 07, 2017 7:49 pm

mufc69 wrote:
Obie wrote:You wife will only qualify for Irish Citizenship if you live in Northern Ireland.
Would you know long is the turnaround time for an application for Irish Naturalisation?
About 6 months.
Smooth seas do not make skilful sailors

mufc69
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Re: Surinder Singh rights to remain?

Post by mufc69 » Tue Feb 07, 2017 7:52 pm

Obie wrote:
mufc69 wrote:
Obie wrote:You wife will only qualify for Irish Citizenship if you live in Northern Ireland.
Would you know long is the turnaround time for an application for Irish Naturalisation?
About 6 months.[/quote


ok, Thank you

mufc69
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Re: Brexit court defeat for UK government

Post by mufc69 » Tue Feb 07, 2017 7:58 pm

mkhan2525 wrote:If they go by that date then they are essentially implying that EU free movement rights ended on 23rd June 2016. That cannot be right since we are still a member of the EU for atleast another 2 years from the date Article 50 has been triggered and the Brexit date should be the date where exisiting resident rights are protected from.

The Labour ammendents also do not take into account non-EU family members of EU nationals and also those who benefit from EU law. What will happen to the rights of people who fall into these categories?
I'm a British and Irish citizen from Northern Ireland and this is the problem i face. My wife is from the Philippines and has been living in the UK on a residence card since 2013 under Surinder Singh after we both lived and worked in the Republic of Ireland, we now have 2 children both born in the UK and now we dont know what is going to happen?

mufc69
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Surinder Singh after Brexit

Post by mufc69 » Mon Dec 11, 2017 5:35 pm

Hello, my wife has been in the UK for 4 years under Surinder Singh and has a UK residence card/permit. I would like to know under the governments currents plans with the EU will all of those people in the UK under SS have the right to remain after Brexit?

secret.simon
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Re: Surinder Singh after Brexit

Post by secret.simon » Mon Dec 11, 2017 5:40 pm

mkhan2525 thinks that they will be covered by the Citizens' Rights part of the Withdrawal agreement.
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.

mufc69
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SURINDER SINGH AFTER BREXIT?

Post by mufc69 » Fri Jun 22, 2018 6:47 am

Hello, I would like to know what will happen to people who came to the UK under Surinder Singh before the new regulations came into place. My wife has been in the UK almost 5 years under SS. Will these applications also be fast tracked under the new system ?

mufc69
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Dual British/Irish Surinder Singh

Post by mufc69 » Fri Jun 22, 2018 12:03 pm

Hello, my wife has been in the UK for almost 5 years and will be elibgle to apply for Permanent residence after, she entered the UK via Surinder Singh as I worked and lived in the Republic of Ireland and then returned to Northern Ireland with my wife after exercising my treaty rights. After brexit or under the new EU right to remain scheme can my wife apply as the spouse of an Irish citizen as I have both Irish and uk passports, or must I use my British for that?

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Re: Dual British/Irish Surinder Singh

Post by CR001 » Fri Jun 22, 2018 12:13 pm

How did you exercise treaty rights in Ireland if you are Irish?? Are you naturalised as Irish or Irish born??

Also, as your spouse has applied for Irish citizenship, are you looking at Irish citizenship and PR based on the SS Route??

ireland/need-help-with-regards-to-natur ... l#p1647857
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mufc69
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Re: Dual British/Irish Surinder Singh

Post by mufc69 » Fri Jun 22, 2018 2:09 pm

I am British and hold an Irish passport and I was born in Northern Ireland, so I see myself as both British and northern Irish. My wife was granted an EEA family permit I lived and worked in the south of Ireland, then my wife was granted a uk residents card which expires in May 2019. She has an application made for Irish naturalisation which was submitted last year and still no result on, so when the time comes if she is not granted the Irish citizenship by then she will make an application for PR

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Re: Dual British/Irish Surinder Singh

Post by CR001 » Fri Jun 22, 2018 2:13 pm

So you moved to ROI and exercised treaty rights as a British citizen, correct? Did you disclose your Irish citizenship at the time?
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