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eu settlement scheme

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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rahmsye
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eu settlement scheme

Post by rahmsye » Tue Sep 14, 2021 9:29 am

HI my wife non eea applied for flr fp. We have been on it for over two years.

However when we first arrived we applied under the surinder singh route which was then rejected.

However, I have been reading that they are now accepting anyone on ss route can we now apply for the eu settlement scheme using that route after the fact?


Many Thanks in advance

secret.simon
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Re: eu settlement scheme

Post by secret.simon » Tue Sep 14, 2021 4:10 pm

Why did they reject your earlier Surinder Singh application?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Re: eu settlement scheme

Post by CR001 » Tue Sep 14, 2021 4:56 pm

secret.simon wrote:
Tue Sep 14, 2021 4:10 pm
Why did they reject your earlier Surinder Singh application?
Failing Centre of life requirement.

eea-route-applications/urgent-upper-tri ... l#p1532606
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: eu settlement scheme

Post by secret.simon » Tue Sep 14, 2021 5:34 pm

The definition of "family member of a qualifying British citizen" still includes a reference to the EEA Regulations on the Centre of Life requirements.
(b) they satisfied the conditions in regulation 9(2), (3) and (4)(a) of the EEA Regulations (as the family member (“F”) to whom those provisions refer)...
So, if you have been refused on those specific grounds, it is possible that you will be refused on them again.

Then again, it is free to apply to the EUSS. So you lose nothing by applying.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
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Re: eu settlement scheme

Post by Obie » Wed Sep 15, 2021 2:13 am

If my memory serves me right, i believe there has been rulings that both the centre of life test and the requirement that Surinder Singh sponsor exercise treaty rights upon returning home are unlawful.
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