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Hi,

I am planning to apply for PR in August after having spent 5 years in the UK. My husband and I lived in Spain before coming to the UK and used the Surinder Singh route to come. Since we've come to the UK, my husband hasn't been "exercising treaty rights" the full 5 years but when we first came here in 2013, we were told by our immigration lawyer that he didn't need to as we were covered under Eind case law. We also didn't have CSI. However, reading through the forum, it seems that the Home Office does not acknowledge the validity of Eind and is refusing applications for PR for SS applications who haven't exercised their treaty rights.

Our plan at the moment is to apply anyway, realizing that it's quite likely that we will be refused and then to appeal. Does anyone know the outcome of any previous appeals for a similar situation? Are we headed into a losing battle or is there hope that I can get my PR via an appeal.

Thanks in advance.

Anyone? Any help would be greatly appreciated.

Hi,

Sorry, no advice but we are in the same boat. Planning to apply for PR in August and I (the British spouse), do not meet the qualifying conditions as they weren't required before. I am a student with gaps for maternity leave and my husband also doesn't have CSI. Wondering if worth taking out now before applying. Sorry no advice, hopefully someone here can help us.

Hi Freda,

Yes, hoping someone replies... Fingers crossed and good luck to you too.

Hi,

Thank you!

I have just had a look at the application form - and for SS they do not ask for any details, or supporting evidence re. qualified status of the British sponsor. Had you seen this? I am a bit confused now! (this one: https://assets.publishing.service.gov.u ... -01-18.pdf)

It is recent - "This form is to be used for applications made on or after 22 January 2018"

(fingers tightly crossed that if they don't ask for it they don't need it??!!)

Your husband is British citizen as he will be treated as someone with PR, so he doesn’t need to exercise treaty rights in uk, you might need to show that he has been qualified in the other EU state...

I've already posted about this several times but no one seems to read my posts!
They changed the rules for people on the Surinder Singh route who had a residence card before a certain time - it works for me and I am on the exact same timeline (applying for PR end of August). See following thread: eea-route-applications/ss-route-and-csi-t238172.html

JulietSoul wrote: ↑

Wed May 02, 2018 10:48 pm

I've already posted about this several times but no one seems to read my posts!

I think rather it is the case that we have nothing to add. There has recently been a refusal of PR because no evidence was supplied that the British sponsor was as a 'qualified person'. I fear the application form may be defective, rather than newly changed to comply with the Eind ruling. We're still waiting for the result of appeals on the grounds that the Eind ruling remains valid.

Thanks Richard,

Do you know if there is anywhere we can follow the progress of the appeal? Either a thread on here, or somewhere they publish appeal results?

I believe the Upper Tribunal still holds Eind to be good law.

In an unreported case which was heard after the ammendment to Regulation 9, the Tribunal recognised there was no need for the BC sponsor to demonstrate they were a qualified person on return to the UK.

https://tribunalsdecisions.service.gov. ... 07134-2016

I'm sorry to disappoint, but I'm in the same boat and I've recently been to see a lawyer. If your partner was not working and you as the family member did NOT have comprehensive sickness insurance from November 2016, then you do not qualify for permanent residence.
You can see the home offices list of requirements here:
https://assets.publishing.service.gov.u ... pdf#page27

If me and my lawyer are wrong, please let me know. But sadly I don't think so. The health insurance CSI issue is a reality, and for those of us that haven't had it since 2016, we must wait another few years with it in order to qualify.
For me this is not possible as my marriage dissolved.

Sorry to hear about the breakdown of your marriage Cactusashtray, and that is unfortunate news indeed re. the CSI.

We are going to apply anyway, and see what happens. I have completed the application form, and as it does not ask for any details re. activities of British sponsor in the form, or CSI, I am very tempted to just not mention it and just give them exactly what the ask for on the form. I have seen in other cases if you appear too knowledgeable on the law you can be accused of using the law to you advantage and refused on that basis, and, also I don't want to highlight that we did not have CSI from Nov. 2016.

Wondering what peoples thoughts are on this plan? If indeed, they do require it as you say, will they contact me and give me an opportunity to provide the evidence (my husband did get CSI once he found out the change in the law, but there is a gap)? Or will they point blank refuse (which seems ridiculous if I have followed the application form to a tee and they need documents that they don't ask for, but wouldn't surprise me).

Freda wrote: ↑

Tue Jul 31, 2018 5:27 pm

Sorry to hear about the breakdown of your marriage Cactusashtray, and that is unfortunate news indeed re. the CSI.

We are going to apply anyway, and see what happens. I have completed the application form, and as it does not ask for any details re. activities of British sponsor in the form, or CSI, I am very tempted to just not mention it and just give them exactly what the ask for on the form. I have seen in other cases if you appear too knowledgeable on the law you can be accused of using the law to you advantage and refused on that basis, and, also I don't want to highlight that we did not have CSI from Nov. 2016.

Wondering what peoples thoughts are on this plan? If indeed, they do require it as you say, will they contact me and give me an opportunity to provide the evidence (my husband did get CSI once he found out the change in the law, but there is a gap)? Or will they point blank refuse (which seems ridiculous if I have followed the application form to a tee and they need documents that they don't ask for, but wouldn't surprise me).

Hi Freda,

I was wondering whether you could clarify some points. My wife just received her EEA BRP via SS route. Obviously the idea of PR is a while off now and subject to Brexit.

That said, you mention that CSI is necessary and that has caused some surprises. Under what conditions is CSI required? From what i understand, if I (the British sponsor stop working and my wife also doesn't work, she then requires CSI?).

How about the case that I am working and my wife does not (whether that is due to redundancy or to give birth)? How about if i were to lose my job but my wife remains employed.

We are currently both working, but obviously would like to avoid some of the experiences from this thread.

Edit: Perhaps i understood wrong, does the CSI only affect those British citizens who claim self sufficiency?

alex98uk wrote: ↑

Wed Aug 01, 2018 6:56 pm

Freda wrote: ↑

Tue Jul 31, 2018 5:27 pm

Sorry to hear about the breakdown of your marriage Cactusashtray, and that is unfortunate news indeed re. the CSI.

We are going to apply anyway, and see what happens. I have completed the application form, and as it does not ask for any details re. activities of British sponsor in the form, or CSI, I am very tempted to just not mention it and just give them exactly what the ask for on the form. I have seen in other cases if you appear too knowledgeable on the law you can be accused of using the law to you advantage and refused on that basis, and, also I don't want to highlight that we did not have CSI from Nov. 2016.

Wondering what peoples thoughts are on this plan? If indeed, they do require it as you say, will they contact me and give me an opportunity to provide the evidence (my husband did get CSI once he found out the change in the law, but there is a gap)? Or will they point blank refuse (which seems ridiculous if I have followed the application form to a tee and they need documents that they don't ask for, but wouldn't surprise me).

Hi Freda,

I was wondering whether you could clarify some points. My wife just received her EEA BRP via SS route. Obviously the idea of PR is a while off now and subject to Brexit.

That said, you mention that CSI is necessary and that has caused some surprises. Under what conditions is CSI required? From what i understand, if I (the British sponsor stop working and my wife also doesn't work, she then requires CSI?).

How about the case that I am working and my wife does not (whether that is due to redundancy or to give birth)? How about if i were to lose my job but my wife remains employed.

We are currently both working, but obviously would like to avoid some of the experiences from this thread.

Edit: Perhaps i understood wrong, does the CSI only affect those British citizens who claim self sufficiency?

Hi,

I'm no expert but will answer as I understand it. Others feel free to correct me.

Prior to 2016, due to the ruling of Eind, it was not required for the British citizen sponsor to be a "qualified person" on returning to the UK.

However in 2016, they changed regulation 9 in the EEA regulations, to state that British Citizens do indeed need to be a "qualified person". ( non official EU regulations website removed by moderator)

Being a "qualified person" means being
(a) a jobseeker;
(b) a worker;
(c) a self-employed person;
(d) a self-sufficient person; or
(e) a student;

in the case of (d) and (e), CSI is also required (for the non-British family member)(non official EU regulations website removed by moderator)

I am a PhD student and was unaware of this change in the law until the year, so there is a period of time where I am a student, and my husband didn't have CSI. I am holding onto the fact that Eind is still good law and if refused hope we can appeal.

In your case, so long as you, the British citizen, are in employment your wife does not require CSI.

I do not think whether your wife is working or not has any effect (please can someone confirm this). As I understand the onus is completely on the British sponsor to fulfil the "qualified person" criteria.

Hope that is clear and helps!

It is would be interesting if people can report whether they have recently gained PR through SS route. We have had about 3 updated PR forms this year and none of them appear to ask for evidence of BC actvities in the UK contrary to the Regulations.

Freda wrote: ↑

Thu Aug 02, 2018 2:34 pm

In your case, so long as you, the British citizen, are in employment your wife does not require CSI.

I do not think whether your wife is working or not has any effect (please can someone confirm this). As I understand the onus is completely on the British sponsor to fulfil the "qualified person" criteria.

Hope that is clear and helps!

I for one found it clear and correct. It's a shame we're no longer allowed to use unofficial consolidations of the EEA Regulations 2016; thank you for your effort. (The official web site has not caught up with the 2018 amendments, or at least, had not earlier this week.)

Richard W wrote: ↑

Fri Aug 03, 2018 7:12 pm

Freda wrote: ↑

Thu Aug 02, 2018 2:34 pm

In your case, so long as you, the British citizen, are in employment your wife does not require CSI.

I do not think whether your wife is working or not has any effect (please can someone confirm this). As I understand the onus is completely on the British sponsor to fulfil the "qualified person" criteria.

Hope that is clear and helps!

I for one found it clear and correct. It's a shame we're no longer allowed to use unofficial consolidations of the EEA Regulations 2016; thank you for your effort. (The official web site has not caught up with the 2018 amendments, or at least, had not earlier this week.)

Thanks Richard, I wasn't aware the links I posted weren't the official ones! Oh well!

I've just read through all of the documentation on the gov website pertaining to this, since we'll have a 6 month gap it looks like as we weren't aware of this and sadly the gap happened from Nov 2016 lol.

On the gov website it's saying anyone with permanent residence (a brit would qualify) should'nt need to be 'qualified' and the form (updated in July 2018) doesn't request anything but proof of being qualified in the host state for SS cases.

I'm quietly hopeful this means they've applied EIND correctly. But I guess we'll all find out soon.

has there been any update on this? I have just been refused the PR and asked to send evidence of my British spouse being a qualified person in the UK however the PR form does not ask for any of these documents. I have no right to appeal which is further putting us in a unknown territory.

thecanadianjen wrote: ↑

Sun Aug 19, 2018 10:22 pm

I've just read through all of the documentation on the gov website pertaining to this, since we'll have a 6 month gap it looks like as we weren't aware of this and sadly the gap happened from Nov 2016 lol.

On the gov website it's saying anyone with permanent residence (a brit would qualify) should'nt need to be 'qualified' and the form (updated in July 2018) doesn't request anything but proof of being qualified in the host state for SS cases.

I'm quietly hopeful this means they've applied EIND correctly. But I guess we'll all find out soon.

Hello I’d like to know if anyone has had the result of their SS appeal regarding EIND?

apc2012 wrote: ↑

Fri Mar 23, 2018 11:54 am

Hi,

I am planning to apply for PR in August after having spent 5 years in the UK. My husband and I lived in Spain before coming to the UK and used the Surinder Singh route to come. Since we've come to the UK, my husband hasn't been "exercising treaty rights" the full 5 years but when we first came here in 2013, we were told by our immigration lawyer that he didn't need to as we were covered under Eind case law. We also didn't have CSI. However, reading through the forum, it seems that the Home Office does not acknowledge the validity of Eind and is refusing applications for PR for SS applications who haven't exercised their treaty rights.

Our plan at the moment is to apply anyway, realizing that it's quite likely that we will be refused and then to appeal. Does anyone know the outcome of any previous appeals for a similar situation? Are we headed into a losing battle or is there hope that I can get my PR via an appeal.

Thanks in advance.

Hello, I would like to know how did your appeal go ?

Great news all!

My husbands Permanent Residence BRP arrived this morning!!!

Hi @Freda,

Can you please share your case details for others in the similar situation?
Thanks

newbieholland wrote: ↑

Wed Feb 06, 2019 4:12 pm

Hi @Freda,

Can you please share your case details for others in the similar situation?
Thanks

eea-route-applications/surinder-singh-p ... tion]Freda[/mention]

Freda wrote: ↑

Sun Apr 01, 2018 12:48 am

Hi,

Sorry, no advice but we are in the same boat. Planning to apply for PR in August and I (the British spouse), do not meet the qualifying conditions as they weren't required before. I am a student with gaps for maternity leave and my husband also doesn't have CSI. Wondering if worth taking out now before applying. Sorry no advice, hopefully someone here can help us.

Freda wrote: ↑

Mon Jan 28, 2019 10:19 am

Great news all!

My husbands Permanent Residence BRP arrived this morning!!!

I am asking about this post CR001