Applying for EEA4 Surinder Singh, proof of COL ??

[Elmac]

Hi, I am about to apply for EEA4 after using Surinder Singh rule, but very worried about the new diluted rules on that from 01/01/2014. I have been issued with 5 years residence card, but now have to prove that we didn't "abuse" the law. I did have immigration refusal before that and my UK husband and I moved to live in Ireland where he worked ( not self employed) we lived there for around ten months and then got visa approved on the Singh rule to come back. Has anyone had any refusals in similar cases ???

We really thought that after getting my 5 years residence all that worries were way behind us. So frustrating that new rules from 2014 will affect my situation from 5 years ago. ((

[Obie]

I don't think new rules applies to you, as you got your residence card before 1/01/2014.

[Elmac]

Thank you Obie, appreciate your reply. My solicitor is concerned, because I have had a refusal under UK law before and HO might think the time in Ireland was an "abuse" to avoid the UK law. However I have been reading this forum and the links posted and it looks like as long as one can prove the COL in EU state for more then three months-HO shouldn't consider it as an "abuse". I am very worried are there any topics on here where people have succeeded getting PR after using Singh ? who arrived to UK before 2014?

Thank you

btw...you are doing such a great job ! This forum has helped us find a way forward with my immigration issues and provided help and support, big Thank you for investing your time in helping Non EU people to be with thier families in UK x

[Obie]

Thanks for the complement.

I am not convinced your solicitor is correct.

Unfortunately I don't deal with what the application says, but rather what the law says.

[vinny]

I wonder who is really doing the abusing? The applicant or the Home Office?

[Obie]

I wonder who is really doing the abusing? The applicant or the Home Office?

Quite a food for thought Vinny.

I am inclined to concur .

The application appear cumbersome and unlawful if it requires something which the law does permit.

OP appear to cover by Transitional provision. COL should not apply I would think.

[Elmac]

Sorry for my ignorance , but what is transitional provision ?

[noajthan]

Sorry for my ignorance , but what is transitional provision ?

It's an arrangement that accommodates applicants who were already embarked on a certain track before the amended law or regulations were brought in.

If certain conditions are met it means those existing persons can continue with their application under the old rules rather than being caught out by the 'goalposts shifting'; (sudden imposition of new rules).

For the transitional arrangements relating to Surinder Singh & COL 'test', see Annex A of:
https://www.gov.uk/government/uploads/s ... dacted.pdf
- if you meet one of the criteria in paragraph 2)b the rules will be applied (to your case) as per para. 3.

Good luck.

[Elmac]

Thank you so much noajthan !!! the rule does apply to me as I have been issued 5 year residence card before 2014 . So glad you have posted the link, I will stop worrying now.

[noajthan]

Thank you so much noajthan !!! the rule does apply to me as I have been issued 5 year residence card before 2014 . So glad you have posted the link, I will stop worrying now.

Glad it helps.

And its thanks to Home Office really, for being firm but fair

Probably worth pointing out these subtle details in a cover letter with your application.