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Psychprincess wrote:Hello, everybody!

Thank you sincerely to this forum! I have been reading for about three days, and thanks to you lovely people I have discovered the Surrinder Singh route. Please do sympathise with me – I’m very new to this ‘route’.

Some background:
I am British and have been with my non-eu partner for 7 years. Have been a part-time student and have only been able to spend summers with him. I am planning to move to his country in May, when I finish my degree. However, he may be getting a job offer in Norway, subject to him passing an upcoming exam, which he will take up approx. one year from now. I am working on obtaining a teaching certificate in English Language. We were planning to settle there permanently, but since hearing about the Surrinder Singh route, settling in the UK has become more possible and I’m now doing my research.

Problems

1. We’re not yet married, and were hoping to save up over the next couple of years to do this. Does Surrinder Singh only apply if I marry him and take him to Norway on an EEA permit? He was planning to go on a work permit, not as my EEA spouse.

SS is perhaps more straightforward if married.
However unmarried partners can use SS if they have been in a durable relationship akin to marriage for at least 2 years.

(Note: that does not simply mean being boyfriend/girlfriend for 2+ years)

2. If the answer is NO, would marrying after we settle in Norway be considered ‘creating and strengthening family life?’.

The SS path would not have started until you marry. But possibly.

Note: All these centre of life type requirements are part a UK framework (or 'complications') that HMG have put up around SS.

Be aware the UK rules & regulations (tests to meet) may change over time; UK seems to be tightening up in this area.

3. Under requirement to ‘create and strengthen family life’, would we be in a better position if we don’t live together in his home country first? Such as, make Norway our first place of living together?

My understanding is it makes no difference.

Many already married couples & families ship out from UK (or a.n.other 'home' country) & take this route. They don't start their whole life in the new country.

4. He will likely have a job offer before I do (I may not even get one!). Will this compromise my position as the ‘economic migrant’? From what I've seen so far, it looks like it must be the EEA national who is moving for the purpose of work, not the non-EU partner!

Correct - it is the EEA national's economic activity (exercising treaty rights as a qualified person) that counts.
The non-EEA national's activity is relatively unimportant (in immigration terms & for SS).

You will need to be working in the host country for this to work out.

5. Very silly question, but you never know! Would I still be a qualified person if I studied in
Norway rather than worked?

The UK (at least) appears to only accept & recognise the worker (or self-employed) category of qualified person on the SS route.

Thank you everybody,
Psych.

• taking host country language classes;
  joining a church or other religious entity; a gym; a community organisation (etc etc);
  buying or renting property;
  starting a business;
  putting (any) children into local nursery / schools
  & etc

Casa wrote:@noajthan The gov.uk site updated Nov 15 still shows the only qualifying family members for Surinder Singh as:
spouse or civil partner
child or grandchild (or the child or grandchild of their spouse or civil partner) and under 21 years of age or dependent on them
parent or grandparent (or of their spouse or civil partner) and dependent on them

It doesn't appear that there has been any new concession for 'unmarried durable partners' to use the Surinder Singh route, unless I've missed something?

The Upper Tribunal noted: notwithstanding that Surinder Singh… concerns family members as defined by the Directive, we cannot see any distinction in principle between [it] and the case of the appellant before us.

In our judgement, the exercise of the right of free movement by an EEA national is as likely to be adversely affected by the inability of a durable partner to reside with the EEA national in the host State, as it would be were his or her spouse to be denied residence status. … we do consider that the Surinder Singh principle does extend to persons such as the appellant who are in a durable relationship…

vinny wrote:The UKVI are apparently appealing the judgment.

• get married;
  move to target EU country;
  start a language school in target country or otherwise get a job;
  (as, under UK interpretation of SS, exercising treaty rights by being a student may not be enough);
  spouse operates as the dependent family member of an EEA national, may work if he chooses;
  have a great life whilst accumulating documentary evidence supporting re-entry into UK via SS;

Casa wrote:

vinny wrote:The UKVI are apparently appealing the judgment.

Thanks Vinny. Can we assume then that anyone applying under SS as a 'durable partner' at present would be refused and then need to appeal?

Psychprincess wrote:Hello all, thanks very much for all the excellent advice! I am extremely impressed with all your knowledge!

I am guilty of causing some confusion here. My issue about getting married is - do we have to be married prior to moving to Norway (ie. not prior to moving to the UK)? Would it still be applicable if we married in Norway?

Example:
Move to his non-EU country in May, stay there six months as planned.
Move to Norway, get married (we don't know when).
Stay there 6 months to 1 year, move back to the the UK, as a married couple on an EEA family permit.

You all have much better knowledge than me about SS, is our timing of marriage deterimental to us being able to use this route? Will we need to be brave and marry whilst in his country?

Very grateful,
Psych.

vinny wrote:The UKVI are apparently appealing the judgment.