Immigrationboards.com

Please everyone I need your help on this question!
I've read everything on going through the surinder singh route and I understand most of everything. My wife is a British passport holder and I Non-EU, going to France to live and work for six months so that we can use the surinder singh route. But she still want to keep her job in London, that means coming back to London for 3 to 4 days in a week while still keeping her job in France. She will be paying for tax in France and also get register to France health insurance and library card and other things. The questions is,
1. Will this affect the centre of live when we want to apply for EEA or surinder singh?
2. Can she go out of France to London through trial with be notice?
Please note that her going to to London will be on weekends from Thursday to Sunday. Please anyone should help me out here cos we're really confuse. Thanks

If she will work for half a week in the UK, she will hardly have moved the centre of her life to France, will she?

Does she not earn enough to sponsor you through the UK Immigration Rules?

secret.simon wrote: ↑

Tue Sep 18, 2018 7:32 am

If she will work for half a week in the UK, she will hardly have moved the centre of her life to France, will she?

Does she not earn enough to sponsor you through the UK Immigration Rules?

She doesn't earn enough for her to sponsor me through UK immigration Rules cos she's self employed in the UK for now and not earning up to that.
Her going back and fort will be to keep her client in the UK as she cant employ someone to do her job. Please since she won't be getting a stamp on her passport can she be going back and fort? Will 4th hid affect her centre of living in France?

Sorry mate but it doesn't work that way.

Your British wife has to prove that she genuinely moved her centre of life from the UK to France (That's one of many criterias that you have to meet when applying for a UKRC under SS).

You stated that your British wife will keep her job in London (I understand she'll entering/leaving the UK every week for the next 6 months).

Many British people exercising their treaty rights in order to bring their Non-EU spouses under the Surinder Singh judgement leave their jobs in the UK and spend more than +12 months in EU countries, and yet they get refused for circumventing the UK's immigration laws.

Certainly some of them appeal, take it to court and succeed, but I can tell you your chances of succeeding this way are slim to non-existing. It'll be a waste of time and money and a pain in the mule and paperwork....

This is my personal opinion, best of luck!

Not having a stamp in your passport doesn't mean you haven't travelled. It also definitely isn't the only record of having travelled.

eirelover wrote: ↑

Thu Sep 20, 2018 12:18 pm

Sorry mate but it doesn't work that way.

Your British wife has to prove that she genuinely moved her centre of life from the UK to France (That's one of many criterias that you have to meet when applying for a UKRC under SS).

You stated that your British wife will keep her job in London (I understand she'll entering/leaving the UK every week for the next 6 months).

Many British people exercising their treaty rights in order to bring their Non-EU spouses under the Surinder Singh judgement leave their jobs in the UK and spend more than +12 months in EU countries, and yet they get refused for circumventing the UK's immigration laws.

Certainly some of them appeal, take it to court and succeed, but I can tell you your chances of succeeding this way are slim to non-existing. It'll be a waste of time and money and a pain in the mule and paperwork....

This is my personal opinion, best of luck!

I second this. My husband and I went through this route and he got a FP as we lived in another EU country for 2.5 years. Currently waiting for his EEA2 RC. From all the research that I did, it was very clear that those using this option as a loophole - rather than having legitimately wanted to and lived abroad and then decided to return - will be found out. Especially if she continues to work in the UK and spent half her time there. She has to prove that she was working/self-employed or self-sufficient in the EU country and that you both had a rich social/cultural life integrating etc. It's a hell of a lot of evidence that is required and 6 months half-heartedly is unlikely to succeed unfortunately. On the off chance that they don't think you're just using it as a loophole, they'll certainly question why she was working only a day or so per week in France and how you managed to survive off that income, plus the reason for wanting to return so soon. In addition to that, you're cutting it extremely fine given that Brexit happens in 6 months from now and you intend on going to France for 6 months and then applying for a FP... so surely this route will be closed afterwards? I'm not sure either how it would work if you did manage to enter with a FP just days before Brexit because surely the Residence Card application using the Surinder Singh justification will not longer exist either...?

thanks all for your beautiful answer! We have decided to make living in France our base for now.