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British or European?

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

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rumanahaseeb
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Posts: 3
Joined: Sun Sep 01, 2019 9:11 pm

British or European?

Post by rumanahaseeb » Sun Sep 01, 2019 9:17 pm

Hi
I am British citizen and i used treaty rights in Ireland in 2015 as Surinder Route with my Non EU husband.
We are living in England from last 4 years.
My question is could i apply EEA Family Permit for my Dependent non EU Mother?
As on returning back to UK in 2015 UK Immigration consider me European so could i use same rights to apply FP?

secret.simon
Moderator
Posts: 11039
Joined: Thu Feb 21, 2013 9:29 pm

Re: British or European?

Post by secret.simon » Sun Sep 01, 2019 11:41 pm

rumanahaseeb wrote:
Sun Sep 01, 2019 9:17 pm
My question is could i apply EEA Family Permit for my Dependent non EU Mother?
No. The Surinder Singh route does not give you the benefits of the EEA regulations for all family members, only the ones who resided with you while you exercised treaty rights in another EEA member-state of which you were not a citizen and then returned home with.

So, for your mother to benefit from the SS route, she should have lived with you in Ireland while you exercised treaty rights there. If she did not, then the SS route is not engaged.
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.

iwolga
Senior Member
Posts: 503
Joined: Mon Sep 02, 2019 7:34 am

Re: British or European?

Post by iwolga » Mon Sep 02, 2019 10:29 pm

rumanahaseeb wrote:
Sun Sep 01, 2019 9:17 pm
As on returning back to UK in 2015 UK Immigration consider me European so could i use same rights to apply FP?
Hi, can you please explain your idea? Why are you considered European in UK but not British?

ljdebenedictis
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Posts: 132
Joined: Wed Apr 25, 2018 9:01 pm
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Re: British or European?

Post by ljdebenedictis » Tue Sep 03, 2019 6:20 am

iwolga wrote:
Mon Sep 02, 2019 10:29 pm
rumanahaseeb wrote:
Sun Sep 01, 2019 9:17 pm
As on returning back to UK in 2015 UK Immigration consider me European so could i use same rights to apply FP?
Hi, can you please explain your idea? Why are you considered European in UK but not British?
Because he/she used to live in EU/EEA country prior to coming back to UK, he was able to use Surinder Singh Route upon coming back (He exercised treaty rights in EU/EEA + moving his centre of life in whatever country he lived before). I was in the same boat. ☺️

Hope my explanation helps a little. xx

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