Surinder Singh

Hi,

I’ve been working in Germany since August. Married to a Turkish citizen in September who got an Article 10 residence card in October.

How do we go about moving back to the UK?

He potentially has a job in the UK. Do we have to go through the Surinder Singh application before he can work in the UK? Or can he work as soon as we arrive on his Article 10 permit?

Or can he work as soon as we arrive on his Article 10 permit?

These Article 10 permits don't allow the holder to work anywhere in Europe but only in the country where the card was delivered. In the case of your husband, it's Germany.

To go back to the UK, you need to go through the Surinder Singh application process.

The only thing that worries me is it seems that the entire thing was done just to use EEA route in the UK.

Thanks for your reply!

No, I studied German at university and was offered a job here so that's why we came here.

He can work in the UK with an EEA family permit though, right?

Hello

No, he can't.

EEA permits delivered by a country A don't allow to work in a country B.

The right to work in any EEA country is specific to EEA citizens and no permit or visa can grant it. Short of an EEA passport, nobody can just go to an EEA country and work.

So, an EEA card delivered by Germany doesn't allow the holder to work in the UK. The same as an EEA card delivered by the UK doesn't allow the holder to work in Germany.

To allow work in the UK, the card has to be specifically obtained in the UK.

I don’t mean the Article 10 residence card, I mean the EEA family permit required for the Surinder Singh path

emilieb wrote: ↑

Mon Mar 02, 2020 9:29 pm

I don’t mean the Article 10 residence card, I mean the EEA family permit required for the Surinder Singh path

If your are beneficiaries of the Surinder Singh ruling, he can work as soon as you have both entered the UK. The problem is that an employer would either have to believe you were beneficiaries, or trust that the EEA family permit if any gave him a statutory excuse if you weren't beneficiaries. We haven't assessed the trust that would be placed in an EUSS family permit.

Thanks! It’s all slightly confusing

Yes it is

To make it simple, it's not about what right you have but it's about your ability to demonstrate that right.

In the UK, employing a foreign national is a serious liability for any employer. Because if they hire someone who doesn't have the right to work, they can be fined and get serious legal troubles.

As immigration law is complex and confusing, HR people don't want to go too much into that when hiring. They just want to see a document from the Home Office certifying that the person has the right to work or similar device such as an official website where they can check that.

I know a company in London where you can't work with an EEA passport. They want to see an settlement scheme CoA or confirmation email. This is because when facing liabilities, businesses go beyond the minimal legal requirements in place. They push the boundaries as far as possible to be in the safe side.