Immigrationboards.com

Dear members,

I would like to know if it's worth mentioning the case laws on Cover letter when applying for F.P under Surinder Singh.Any advise/suggestions would be highly appreciated.

Definitely to be avoided! A member was recently refused after highlighting the SS rule in their application due to the sole intention being to 'circumvent the Immigration Rules'.
In other words the temporary re-location to another EU State had been used solely as a means of by-passing the stricter UK immigration route.

Thanks for the suggestion. To be honest it was also my gut feeling to avoid mentioning case-laws. One could always mention them if they do get refused though.

Dear members, my FP under S.S has been refused. We have been living in Germany for 10 months. Have EU RC, wife's been working, rental agreements, insurance and I believe strong COL.
But despite all of this UKVI refused my application. Refusal wording:

Regulation 9 was amended on 1 January 2014 to include a ‘centre of life’ test. Relevant factors to show the centre of the British citizen’s life has transferred to another EEA state include, but are not limited to; period of residence in the EEA state as a worker or self-employed person, location of the British citizen’s principal residence and degree of integration of the British citizen in the EEA state.

• I am also guided by COM (2009) final guidance from the European Commission to Member States, which asserts that it could be a form of ‘abuse’ to use the Surinder Singh Route solely to evade national Immigration laws.

• Whilst I am aware that your previous immigration history in the UK is not grounds alone to refuse your application for an EEA Family Permit, I am satisfied that, when considered in conjunction with your statements and the documents submitted with this application, an important factor which is directly relevant to the centre of life test, and in considering whether this application is an attempt to circumvent the UK Immigration Rules.

• UK Visas & Immigration records show that you entered the UK as a student on xxxxx with a visa valid until xxxxxx. You then applied for further leave to remain as a student which was refused on xxxxx You appealed but this was dismissed in xxxxx

• You were arrested on xxxxx as a suspected overstayer, detained and removed from the UK on xxxxxx

• According to your application form, and the documents submitted in support of it, your wife entered Germany in March 2016. Your wife, in a covering letter to your application, states she has been exercising her Treaty Rights in Germany as an employed person since 01/07/2016. You state that your wife works 15 hours per week.

• You have provided 5 pay slips for your wife from xxxx indicating gross income of €720 (£624 @ £1 = €1.15) per month. This is below the current HMRC Primary Earnings Threshold (PET), which is the point at which employees must pay class 1 National Insurance contributions. This currently stands at £155 per week. In addition, your wife returned to the UK on xxxxx

• Given all of the foregoing, I am not satisfied that your wife has moved her centre of life to the Germany, I am not satisfied that it was ever your or her intention to remain permanently in Germany, and I am satisfied to the higher standard of the balance of probabilities that this application is an attempt to circumvent the Immigration Rules.

I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of regulation 9 of the Immigration (European Economic Area) Regulations 2006.

I previously travelled to the UK on EU RC and had no problems at all.

Is the refusal justified? If not, should I appeal or reapply pointing out the case laws. Your opinion would be valuable. TIA

Posts merged (for context).

logical_1 wrote:Dear members, my FP under S.S has been refused. We have been living in Germany for 10 months. Have EU RC, wife's been working, rental agreements, insurance and I believe strong COL.
But despite all of this UKVI refused my application. Refusal wording:

Regulation 9 was amended on 1 January 2014 to include a ‘centre of life’ test. Relevant factors to show the centre of the British citizen’s life has transferred to another EEA state include, but are not limited to; period of residence in the EEA state as a worker or self-employed person, location of the British citizen’s principal residence and degree of integration of the British citizen in the EEA state.

...

I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of regulation 9 of the Immigration (European Economic Area) Regulations 2006.

I previously travelled to the UK on EU RC and had no problems at all.

Is the refusal justified? If not, should I appeal or reapply pointing out the case laws. Your opinion would be valuable. TIA

Most unfortunate.
Yours seems to be one of the first test cases.
One other member has recently reported follow up enquiries and was then granted (in their case) their RC.

You can get into head of caseworker who has assessed and weighed up your case here:
https://www.gov.uk/government/uploads/s ... ns-_v1.pdf

noajthan wrote:

logical_1 wrote:Dear members, my FP under S.S has been refused. We have been living in Germany for 10 months. Have EU RC, wife's been working, rental agreements, insurance and I believe strong COL.
But despite all of this UKVI refused my application. Refusal wording:

Regulation 9 was amended on 1 January 2014 to include a ‘centre of life’ test. Relevant factors to show the centre of the British citizen’s life has transferred to another EEA state include, but are not limited to; period of residence in the EEA state as a worker or self-employed person, location of the British citizen’s principal residence and degree of integration of the British citizen in the EEA state.

...

I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of regulation 9 of the Immigration (European Economic Area) Regulations 2006.

I previously travelled to the UK on EU RC and had no problems at all.

Is the refusal justified? If not, should I appeal or reapply pointing out the case laws. Your opinion would be valuable. TIA

Most unfortunate.
Yours seems to be one of the first test cases.
One other member has recently reported follow up enquiries and was then granted (in their case) their RC.

You can get into head of caseworker who has assessed and weighed up your case here:
https://www.gov.uk/government/uploads/s ... ns-_v1.pdf

What do you think would be the appropriate action? Reapply?

logical_1 wrote:What do you think would be the appropriate action? Reapply?

If you reapply you are likely to face the same refusal for same reasons.
The recent changes to EEA Regs have not yet been tested in the courts although some or all changes are clearly non-compliant with EU law (and certain case law).

You may have to appeal or take legal action in some way (if you have been granted appeal rights and/or have deep pockets).