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Eea family members

Posted: Wed Aug 21, 2019 10:48 am
by Qasir_tayyab
Hello
Is surinder sing route apply on extended family member ?
I have got a eu fam resident card my british family member want to go back can i go with him and reside in uk?
Anyone has a same case guide me please..

Re: Eea family members

Posted: Wed Aug 21, 2019 10:52 am
by CR001
Nothing has changed since you asked the question in February.

eea-route-applications/extended-family- ... l#p1740857

Re: Eea family members

Posted: Wed Aug 21, 2019 2:30 pm
by Qasir_tayyab
That question i asked for long time ago

Now i got eu fam stamp on behalf of my uncle
In ireland so what is the circumstances now??

Re: Eea family members

Posted: Wed Aug 21, 2019 2:33 pm
by CR001
The Surinder Singh route you are thinking of does not apply to you as you are an extended family member. Surinder Singh route from an EU state back to the UK only applies to Direct family members, which you are not. User 'kamoe' advised you of this already in your other topic. Having a RC in another EU state doesn't change this.

https://www.gov.uk/family-permit/surinder-singh

Re: Eea family members

Posted: Wed Aug 21, 2019 3:07 pm
by Qasir_tayyab
Thanks

Re: Eea family members

Posted: Wed Aug 21, 2019 3:07 pm
by Zerubbabel
Here is the eligibility list for Surinder Singh

Image

There is no Extended Family in this list. This means that a UK citizen living in EU with an extended family member with an EEA card, won't be able to bring that family member back in the UK under Surinder Singh.

Re: Eea family members

Posted: Wed Aug 21, 2019 3:48 pm
by Qasir_tayyab
Qualifying as an ‘extended’ family member or unmarried partner
You can apply as an ‘extended’ family member’, for example a brother, sister, aunt, uncle, cousin, nephew or niece.

You must be able to show that you’re dependent on the EEA citizen or are a member of their household, or have a serious health condition and rely on them to care for you.

You can also apply as an unmarried partner if you can show that you’re in a lasting relationship with the EEA national.

Extended family members and unmarried partners are not guaranteed to get a permit. Your individual circumstances will be considered when you apply.



Read it again

Re: Eea family members

Posted: Wed Aug 21, 2019 3:50 pm
by Qasir_tayyab
Explain this

Re: Eea family members

Posted: Wed Aug 21, 2019 3:51 pm
by CR001
Qasir_tayyab wrote:
Wed Aug 21, 2019 3:48 pm
Qualifying as an ‘extended’ family member or unmarried partner
You can apply as an ‘extended’ family member’, for example a brother, sister, aunt, uncle, cousin, nephew or niece.

You must be able to show that you’re dependent on the EEA citizen or are a member of their household, or have a serious health condition and rely on them to care for you.

You can also apply as an unmarried partner if you can show that you’re in a lasting relationship with the EEA national.

Extended family members and unmarried partners are not guaranteed to get a permit. Your individual circumstances will be considered when you apply.



Read it again
And which weblink did you get that??

An Extended family member can apply for a Family permit or RC if they are family of EU citizens (non British) in the UK.

You are missing the point.

Your circumstances using Surinder Singh route back to the UK doesn't allow extended family members of British citizens returning to the UK from another EU state.

Re: Eea family members

Posted: Wed Aug 21, 2019 3:58 pm
by Qasir_tayyab
https://www.gov.uk/family-permit/eea-family-permit


Same link you send me could you explain bit further

Re: Eea family members

Posted: Wed Aug 21, 2019 6:15 pm
by ljdebenedictis
Qasir_tayyab wrote:
Wed Aug 21, 2019 3:58 pm
https://www.gov.uk/family-permit/eea-family-permit


Same link you send me could you explain bit further
Hi
The link is very simple and clear
The “extended family member” you kept on telling us applies to EU CITIZEN with their NON EU FAMILY MEMBER but if you are going to use SURINDER SINGH ROUTE, this does not apply to you.

THIS IS THE ONLY CRITERIA FOR SURINDER SINGH:

Surinder Singh

You might be able to apply for an EEA family permit if you’ve lived in another EEA country with an eligible family member who’s a British citizen. This is known as making a ‘Surinder Singh’ application.

Your British family member must be one of the following:

- your spouse (husband or wife) or civil partner
- your parent or grandparent (or their spouse or civil partner) - you must also be under 21 years old or dependent on them
- your child or grandchild (or their spouse or civil partner) - you must be dependent on them
- This includes family members who were adopted under an adoption order that’s recognised in UK law.

Please try to read it again, it’s very clear
Thank you xx

Re: Eea family members

Posted: Wed Aug 21, 2019 6:28 pm
by Qasir_tayyab
Thankss xx
Is there any other solution i can go back with my uncle?cz I don’t know what happened after brexit?

Re: Eea family members

Posted: Wed Aug 21, 2019 6:30 pm
by CR001
Qasir_tayyab wrote:
Wed Aug 21, 2019 6:28 pm
Thankss xx
Is there any other solution i can go back with my uncle?cz I don’t know what happened after brexit?
No there is not and if he leaves Ireland, you lose your right to live there too.

Re: Eea family members

Posted: Wed Aug 21, 2019 6:43 pm
by Obie
But it is wrong to suggest Surinder Singh is only applicable to Core Family members. It applies to Extended family members also.

Re: Eea family members

Posted: Wed Aug 21, 2019 9:29 pm
by Zerubbabel
Obie wrote:
Wed Aug 21, 2019 6:43 pm
But it is wrong to suggest Surinder Singh is only applicable to Core Family members. It applies to Extended family members also.
The relevant documentation doesn't include "extended family members" in the eligibility list.

However, the OP can try to make a Surinder Singh application and fight it if he gets declined.

Re: Eea family members

Posted: Wed Aug 21, 2019 9:45 pm
by Obie
Well the relevant documents is not the law, the last time I checked.

Re: Eea family members

Posted: Wed Aug 21, 2019 10:01 pm
by Zerubbabel
I am reading the Surinder Singh judgement:

https://eur-lex.europa.eu/legal-content ... 1990CJ0370

The entire judgement is based on the spouse. It doesn't mention any other family member.

If you have any source that sustains a wider interpretation, please share.

Re: Eea family members

Posted: Wed Aug 21, 2019 10:31 pm
by Obie
Maybe whiles reading Surinder Singh, you may also wish to read the Banger Judgement and the amendments to Regulation 9 that came into effect on the 29th March this year.

Re: Eea family members

Posted: Wed Aug 21, 2019 10:43 pm
by Zerubbabel
Very interesting Obie.

Thank you for that. Banger seems to extend Surinder Singh by including Extended Family members. In the case of the judgement, the extended family member was a partner.

http://curia.europa.eu/juris/document/d ... id=8635829

The OP can try this route.

Re: Eea family members

Posted: Wed Aug 21, 2019 10:52 pm
by Qasir_tayyab
CR001 wrote:
Wed Aug 21, 2019 6:30 pm
Qasir_tayyab wrote:
Wed Aug 21, 2019 6:28 pm
Thankss xx
Is there any other solution i can go back with my uncle?cz I don’t know what happened after brexit?
No there is not and if he leaves Ireland, you lose your right to live there too.

So he can’t go back either ☹️

Re: Eea family members

Posted: Wed Aug 21, 2019 11:06 pm
by Qasir_tayyab
Obie wrote:
Wed Aug 21, 2019 10:31 pm
Maybe whiles reading Surinder Singh, you may also wish to read the Banger Judgement and the amendments to Regulation 9 that came into effect on the 29th March this year.
So according to this is there any possibility?

Re: Eea family members

Posted: Thu Aug 22, 2019 12:56 am
by Obie
It is only does extended family members who meets the strigent conditions in regulations 9 and who had resided lawfully with the British citizen in the member state at which she most recently exercised his or her treaty rights, who will be permitted to join that person in the United Kingdom.

Re: Eea family members

Posted: Thu Aug 22, 2019 3:10 am
by askmeplz82
Qasir_tayyab wrote:
Wed Aug 21, 2019 10:52 pm
CR001 wrote:
Wed Aug 21, 2019 6:30 pm
Qasir_tayyab wrote:
Wed Aug 21, 2019 6:28 pm
Thankss xx
Is there any other solution i can go back with my uncle?cz I don’t know what happened after brexit?
No there is not and if he leaves Ireland, you lose your right to live there too.

So he can’t go back either ☹️

Stay in Ireland 6 yrs. Get Irish passport then you can come back easily

Re: Eea family members

Posted: Thu Aug 22, 2019 8:59 am
by Qasir_tayyab
askmeplz82 wrote:
Thu Aug 22, 2019 3:10 am
Qasir_tayyab wrote:
Wed Aug 21, 2019 10:52 pm
CR001 wrote:
Wed Aug 21, 2019 6:30 pm
Qasir_tayyab wrote:
Wed Aug 21, 2019 6:28 pm
Thankss xx
Is there any other solution i can go back with my uncle?cz I don’t know what happened after brexit?
No there is not and if he leaves Ireland, you lose
your right to live there too.


So he can’t go back either ☹️

Stay in Ireland 6 yrs. Get Irish passport then you can come back easily


You right but don’t know what happend after brexit..
Our right os going to be same or what cz we got visas on the basis of british citizens so very uncertainty going on..