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moving to UK under ss route
Posted: Mon Jun 29, 2020 3:54 pm
by Kumar1038
Hi members ,
I am British citizen working and living in Netherlands for last one year . My wife is from India and is on her company work permit in Netherlands .She is not on dependant visa .We got married two years ago. We have been living in a rented property from last one year in Netherlands .
Now , we want to move back to Uk after her visa finishes ..that will be in 6 months .
My question is are we eligibile for Surinder sing route . if yes, what will be the requirements to fulfill ?
can you guys please send me the proper link to apply or get more information .TIA
Re: moving to UK under Surinder Singh route route
Posted: Mon Jun 29, 2020 4:26 pm
by secret.simon
I think (not certain) that the SS route will close at the end of this year, when the transition period comes to an end.
So you would want to look at moving to the UK with your wife before then.
Also start gathering data about how you moved the center of your life to the Netherlands in the period that you were living there. So proof of any local volunteering, joining language classes, etc.
But wait for others to advise further.
Re: moving to UK under Surinder Singh route route
Posted: Mon Jun 29, 2020 4:56 pm
by CR001
Kumar1038 wrote: ↑Mon Jun 29, 2020 3:54 pm
can you guys please send me the proper link to apply or get more information .TIA
https://www.gov.uk/family-permit/surinder-singh
Re: moving to UK under Surinder Singh route route
Posted: Tue Jun 30, 2020 10:37 am
by Granista
No. Surinder Singh only applies if your spouse was in the EU country as your dependent family member, ie, her visa and residence permission were based on her status as your qualified family member. As you say she is residing there on a work permit, Surinder Singh route does not apply to her.
Also it will be closed to UK citizens at the end of 2020 anyway.
Re: moving to UK under Surinder Singh route route
Posted: Wed Jul 01, 2020 5:36 pm
by Kumar1038
Granista wrote: ↑Tue Jun 30, 2020 10:37 am
No. Surinder Singh only applies if your spouse was in the EU country as your dependent family member, ie, her visa and residence permission were based on her status as your qualified family member. As you say she is residing there on a work permit, Surinder Singh route does not apply to her.
Also it will be closed to UK citizens at the end of 2020 anyway.
Thank you secret simon and cr001 .
Yes , she is not dependant on me .Then that means i am not qualified for surinder singh route .
Thank you for the information
Re: moving to UK under Surinder Singh route route
Posted: Thu Jul 02, 2020 12:40 am
by vinny
If her residence with you in the EEA country was genuine, then it
may be okay.
Re: moving to UK under Surinder Singh route route
Posted: Thu Jul 02, 2020 12:50 am
by vinny
secret.simon wrote: ↑Mon Jun 29, 2020 4:26 pm
Also start gathering data about how you moved the center of your life to the Netherlands in the period that you were living there. So proof of any local volunteering, joining language classes, etc.
Note
ZA.
Re: moving to UK under Surinder Singh route route
Posted: Thu Jul 02, 2020 11:59 am
by Granista
That case is completely irrelevant, since the spouse was a dependent family member. Your spouse is on a work permit, her current permission is completely independent of you, and therefore Surinder Singh does not apply to you.
Re: moving to UK under Surinder Singh route route
Posted: Thu Jul 02, 2020 4:49 pm
by Kumar1038
Thank you vinny and Granista.
Re: moving to UK under Surinder Singh route route
Posted: Fri Jul 03, 2020 1:21 am
by vinny
Granista wrote: ↑Thu Jul 02, 2020 11:59 am
That case is completely irrelevant, since the spouse was a dependent family member. Your spouse is on a work permit, her current permission is completely independent of you, and therefore Surinder Singh does not apply to you.
Having an EU Residence card in the EU country for spouse
isn’t compulsory. Therefore, I believe it shouldn’t matter, if his wife had an independent work permit. She is automatically his family member via their marriage. He was working. It may be necessary and sufficient that she was his family member and residing with him there for an appropriate time, etc.
Re: moving to UK under Surinder Singh route route
Posted: Fri Jul 03, 2020 9:23 am
by Kumar1038
Thank you Vinni for your clarification
Re: moving to UK under Surinder Singh route route
Posted: Fri Jul 03, 2020 12:38 pm
by Granista
Being his family member is only half the point. For Surinder Singh, the family member has to be in the other member state AS a family member. That is literally the point of SS.
Re: moving to UK under Surinder Singh route route
Posted: Sat Jul 04, 2020 5:17 am
by vinny
Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378 (25 October 2018).
7. ....Ms Christy was granted entry and a right of residence by the Polish authorities under Poland's ordinary domestic immigration rules; she had no need to seek to rely on any rights she might have as the durable partner of an EU citizen in order to obtain these benefits.
....
40. .... On this interpretation of the judgment, what matters is whether the relevant rights of an EU citizen and his or her family member existed or not in the circumstances of the case, rather than whether they happen to have been exercised or not (in the sense of being directly and explicitly relied upon in their dealings with the immigration authorities of the relationship Member State).
....
49. Secondly, however, it would not be open to the Secretary of State to adopt a policy which stipulated that the absence of a decision based on Article 3(2) of the Directive from the immigration authorities of the relationship Member State is a relevant factor to be taken into account when considering such an application for a residence card by the durable partner of a returning British citizen, where the durable partner had not made an application based on Article 3(2) because she had no need or occasion to make an application to those immigration authorities based on that provision. In that type of case, the absence of such a decision by those immigration authorities in relation to Article 3(2) would provide the Secretary of State with no assistance whatever regarding his evaluation of the circumstances in which the applicant formed the relevant durable relationship with the returning British citizen and would provide no assistance whatever in relation to the question whether she ought now to be granted a residence card in the UK. This is, of course, the position in relation to Ms Christy in the present proceedings.
Re: moving to UK under Surinder Singh route route
Posted: Sat Jul 04, 2020 10:10 am
by Kumar1038
Thank you Vinny for your time . I am going thru the link you have provided .
Re: moving to UK under Surinder Singh route route
Posted: Sat Jul 18, 2020 2:03 pm
by Mian943
Kumar1038 wrote: ↑Mon Jun 29, 2020 3:54 pm
Hi members ,
I am British citizen working and living in Netherlands for last one year . My wife is from India and is on her company work permit in Netherlands .She is not on dependant visa .We got married two years ago. We have been living in a rented property from last one year in Netherlands .
Now , we want to move back to Uk after her visa finishes ..that will be in 6 months .
My question is are we eligibile for Surinder sing route . if yes, what will be the requirements to fulfill ?
can you guys please send me the proper link to apply or get more information .TIA
Dear Kummar,
I hope you are well.
I have read your post regarding SS rute. I am also in same boat but my situation is bit different then you. My wife is from Pakistan and she is here on my dependent visa.
Recently we granted Dutch Residence card under withdrawal agreement 18 and now I am planing to move back to Ulster same time.
Please let me know when you apply for SS and any outcome of your application.
Best Regards.
Re: moving to UK under Surinder Singh route route
Posted: Sat Jul 18, 2020 3:43 pm
by Br28016
Just noticed the reference to moving back to Ulster and wondered if you were born there and met definition of relevant person of N Ireland as detailed in document below.
https://assets.publishing.service.gov.u ... _PRINT.pdf
Changes take effect from 24th August and are probably easier option if you qualify for definition of relevant person of Northern Ireland.
Re: moving to UK under Surinder Singh route route
Posted: Fri Aug 07, 2020 7:56 pm
by Kumar1038
Mian943 wrote: ↑Sat Jul 18, 2020 2:03 pm
Kumar1038 wrote: ↑Mon Jun 29, 2020 3:54 pm
Hi members ,
I am British citizen working and living in Netherlands for last one year . My wife is from India and is on her company work permit in Netherlands .She is not on dependant visa .We got married two years ago. We have been living in a rented property from last one year in Netherlands .
Now , we want to move back to Uk after her visa finishes ..that will be in 6 months .
My question is are we eligibile for Surinder sing route . if yes, what will be the requirements to fulfill ?
can you guys please send me the proper link to apply or get more information .TIA
Dear Kummar,
I hope you are well.
I have read your post regarding Surinder Singh route rute. I am also in same boat but my situation is bit different then you. My wife is from Pakistan and she is here on my dependent visa.
Recently we granted Dutch Residence card under withdrawal agreement 18 and now I am planing to move back to Ulster same time.
Please let me know when you apply for Surinder Singh route and any outcome of your application.
Best Regards.
Dear Mian943
yes definitley i will post you as soon as i apply .
Translation of payslips - ss route
Posted: Thu Aug 20, 2020 9:37 pm
by Kumar1038
I m British national living in Netherlands and applying for my spouse to Uk under SS route .
We have few documents and paystubs which are in Dutch . Do we need we get them translated to English before applying. If yes where can we get translated for official purposes . Thank you
Re: Translation of payslips - Surinder Singh route route
Posted: Fri Aug 21, 2020 12:37 pm
by CR001
Kumar1038 wrote: ↑Thu Aug 20, 2020 9:37 pm
I m British national living in Netherlands and applying for my spouse to Uk under Surinder Singh route route .
We have few documents and paystubs which are in Dutch . Do we need we get them translated to English before applying. If yes where can we get translated for official purposes . Thank you
I suggest you read the topic below, specifically the posts by Obie and Secret.simon. It is possible that it might be too late now to use the Surinder Singh route back to the UK.
https://www.immigrationboards.com/eea-r ... l#p1895857