Page 1 of 1
VAF5 Dilemma and Surinder Singh section!
Posted: Thu Jul 14, 2016 11:57 pm
by gillacious_505
Hello dear members,
Hopefully someone can shed a light on this as I am about to loose the plot
I believe VAF5 is the form which is required for the family permit under the surinder singh category
1) Can someone tell me in which section it categorically mentions about surinder singh. I can't seem to find it anywhere on the form.
2) If there is no relevant section on the form dedicated for surinder singh category where we are going to include the centre of life and other dependency evidence?
3) Can we still use the the paper version of VAF5 rather than the online version
Please help before I go insane
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 12:09 am
by noajthan
You must apply online for an EEA family permit.
You must be outside the UK to apply.
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 9:07 am
by gillacious_505
gillacious_505 wrote:Hello dear members,
Hopefully someone can shed a light on this as I am about to loose the plot
I believe VAF5 is the form which is required for the family permit under the surinder singh category
1) Can someone tell me in which section it categorically mentions about surinder singh. I can't seem to find it anywhere on the form.
2) If there is no relevant section on the form dedicated for surinder singh category where we are going to include the centre of life and other dependency evidence?
Can anyone please reflect on the above two please.
Thanks
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 10:53 am
by Hamza2013
Hi gillacious,
As noajthan highlighted you must apply online for family permit,
There is no particular section for Surinder Singh on the form and your documents should reflect them
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 11:08 am
by gillacious_505
Hamza2013 wrote:Hi gillacious,
As noajthan highlighted you must apply online for family permit,
There is no particular section for Surinder Singh on the form and your documents should reflect them
Thanks for confirming that Hamza. I hope the Entry Clearance Officers are aware of Surinder Singh route. It would be better to include the covering letter mentioning about the centre of life and the evidence ?
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 11:33 am
by Hamza2013
gillacious,
Its better to include covering letter, but i wont mention Surinder Singh specifically as people in past are accused of knowing the law.
Your documents should be able to show exercising treaty rights and move on center of life.
Do you mind telling where are you applying EEA FP from and under which category? Thanks
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 12:00 pm
by gillacious_505
Hamza2013 wrote:gillacious,
Its better to include covering letter, but i wont mention Surinder Singh specifically as people in past are accused of knowing the law.
Your documents should be able to show exercising treaty rights and move on center of life.
Do you mind telling where are you applying EEA FP from and under which category? Thanks
Oh wow really? I didn't know that. Not sure if the Entry Clearance officers would be even aware of the Surinder Singh Category then.
FP would be applied from Portugal as the dependent descendant (above 21 years old) of a EU national(British Citizen).
Is there any dos and dont you can think of Hamza that I need to keep in mind ?
Thanks
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 12:05 pm
by CR001
Not sure if the Entry Clearance officers would be even aware of the Surinder Singh Category then
They are aware of it.
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 12:21 pm
by Hamza2013
gillacious,
I am trying to help you as i am in similar situation:
Do's
Provide as much as possible information about exercising treaty rights, move of center of life and evidence that the EU country you moved was going to be your permanent home
Dont,
Show any link to you EU home country (as best as possible), dont put any evidence that you knew the process/rules i.e. references to cases etc
Hope this helps,
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 4:35 pm
by gillacious_505
Hamza2013 wrote:gillacious,
I am trying to help you as i am in similar situation:
Do's
Provide as much as possible information about exercising treaty rights, move of center of life and evidence that the EU country you moved was going to be your permanent home
Dont,
Show any link to you EU home country (as best as possible), dont put any evidence that you knew the process/rules i.e. references to cases etc
Hope this helps,
Thanks Hamza. From where and under which category you going to apply for Surinder Singh FP.
I think we will spend about 4 months in Portugal before we apply for it. Hopefully i would be able to gather enough evidence about centre of Life.
Is there anyway we can apply EEA2 directly? Many people have done the same via Ireland. Not sure how we gonna get to UK then.
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 4:37 pm
by Casa
4 months may not be sufficient to convince the Case Worker that you have 'moved the centre of your life' there.
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 6:55 pm
by gillacious_505
The fact of the matter is there is no minimum amount of months which would guarantee the family permit.
Amount of time spent outside definitely is one of the factors but there are some other factors which defines centre of life. I have seen many cases where family permit was given where the length of the duration was 3 months.
It would be interesting to see what other members say on this.
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 7:01 pm
by Casa
https://www.freemovement.org.uk/surinde ... ion-route/
8. In general, the longer the British citizen has resided in another EEA member state as a worker or self-employed person, the more likely it is that they have transferred the centre of their life to that member state.
9. For example, a British citizen who has lived and worked in another member state for a period of two years is more likely meet the requirement of regulation 9(2)(c) than a British citizen who was employed in another Member state for a period of four months.
and
On degree of integration the guidance states:
12.When considering the degree of integration in another EEA member state, relevant factors may include:
a. Does the British citizen have any children born in the host member state? If so, are the children attending schools in the host member state?
b. Does the British citizen have any other family members resident in the host member state?
c. Has the British citizen immersed themselves into the life and culture of the host member state? For example, have they bought property there? Do they speak the language? Are they involved with the local community?
The more of these factors that are present on a case, the more likely the British citizen is to be considered as having transferred the centre of their life.
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 10:35 pm
by Hamza2013
Hi gillacious,
As CASA said 4 months will not be enough to satisfy the case worker though there is no time limit.
Uk is playing very hard to find an opprtunity to reject application.
I am applying FP for parents from ireland,
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Fri Jul 15, 2016 10:45 pm
by gillacious_505
Hamza after how long your stay in Ireland you going to apply for FP?
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Sat Jul 16, 2016 8:49 am
by Hamza2013
Gillaciois,
It been a year and we have transfered our life as best as we can,
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Sat Jul 16, 2016 10:20 am
by gillacious_505
Wow that's a lot Hamza. I am worried about 4 months now. I have seen many cases where people obtained family permit after 3 months or so, specifically from Germany.
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Sat Jul 16, 2016 10:34 am
by Casa
It's likely to depend very much on how well you are able to show integration into life within the EEA state. How long is your rental contract, have you learned the language, how long have you been employed there etc. etc.
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Sat Jul 16, 2016 12:12 pm
by Hamza2013
Thanks Casa,
I requested several time to other moderators to review the document list I am going to put with application, can you please help us responding,
http://www.immigrationboards.com/eea-ro ... 13003.html
Gillaciois this list might help you too,
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Sat Jul 16, 2016 1:26 pm
by Casa
There are others better placed to advise on what documents the Irish authorities expect to see, especially those who have followed this route successfully.
Re: VAF5 Dilemma and Surinder Singh section!
Posted: Sat Jul 16, 2016 5:20 pm
by Hamza2013
Thanks Casa,
I have posted in ireland board, now,
Appreciate your help,