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Facts of my case:
UK citizen married Pakistani husband in Pakistan in 2009.
1st application for entry clearance in 2009: refused under 320 7(a) Deception, as there was a false stamp in his passport hiding previous overstay, applied by agent.
2nd application made in 2009, held hands up to the stamp, apologised, asked for 2nd chance etc: refused under 320(11) Previous Deception.
IAT Appeal just a few weeks ago: Ground 1. 320(11) is discretionary refusal not mandatory, stamp alone was not severe enough mitigating factor as required by UKBA guidance. Ground 2. Human rights, ive visited Pakistan 4 times over 18months, caught throat infection from there and had recent operation because of it, have a right to my family life but cannot enjoy it because i cant live there for my own health.
IAT Appeal Dismissed: 320(11) correct to be applied, cannot prove if it wasn’t but for Pakistan visits illness would not have occurred, no concrete evidence of link so according to judge, no reason why i cant live there.

Surinder Singh seems the only way out:
UK immigration laws practically make it impossible for my husband to join me. So my plan:
1.Move to Spain and work there. I have some extended family there also which makes it easier for me to relocate.
2.Husband applies for Schengen visa (3 month visa) from Pakistan
3.Husband arrives in Spain and we register Spanish marriage before his Schengen visa expires (within 3 months)
4.Live together for 6 months in spain
5.Husband applies for EEA Family Permit and travels back to the UK with me.

My questions:
1.Is my plan above on the right tracks? Should this way work even with his previous history? Sounds too good to be true
2.Can he really get a Schengen visa for Europe from Pakistan? If it was so easy why aren’t much more people doing it.
3.Can his Schengen visa be refused because of his previous history? Doesnt spain do checks with the UK etc?
4.Im not sure what he does to stay in spain once his schengen expires, does he apply for Spanish residency?

I cannot explain how much i would appreciate your advice here. I spoke to tons of solicitors and found x1000 times more sense in this forum.
Thankyou very much.

See also EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases) and Family members of United Kingdom nationals.

You are right to love SS! you are spot on to get your husband to the UK this way, once you prove you benefit from the EU free movement Directive, which you would, the UK cannot stop you and refuse to let your husband in. The only exception is if he represents a current threat to the public etc. which is unlikely, as it's a stringent test.

Therefore, move to Spain, get your hubby there and then your appeals would be worthwhile. The UKBA may try and prolong it but in the end the whole point of EU is that it has NO BORDERS, he will not be subject to immigration control per se, and I am sure you know the rest if you suggested this route in the first place. Well done, there was a ruling in the ECJ where it was explicitly stated that it DOES NOT matter why the national of the country went abroad to exercise Treaty Rights, even if it's to benefit from the Directive, as long as they do it abroad, they are beneficiaries! So, you don't even have to hide why you are/have moved to Spain, it's YOUR RIGHT!

Good luck and keep us updated, expect to hear from you in 6 months

ilovesurindersingh wrote:Facts of my case:
UK citizen married Pakistani husband in Pakistan in 2009.
1st application for entry clearance in 2009: refused under 320 7(a) Deception, as there was a false stamp in his passport hiding previous overstay, applied by agent.
2nd application made in 2009, held hands up to the stamp, apologised, asked for 2nd chance etc: refused under 320(11) Previous Deception.
IAT Appeal just a few weeks ago: Ground 1. 320(11) is discretionary refusal not mandatory, stamp alone was not severe enough mitigating factor as required by UKBA guidance. Ground 2. Human rights, ive visited Pakistan 4 times over 18months, caught throat infection from there and had recent operation because of it, have a right to my family life but cannot enjoy it because i cant live there for my own health.
IAT Appeal Dismissed: 320(11) correct to be applied, cannot prove if it wasn’t but for Pakistan visits illness would not have occurred, no concrete evidence of link so according to judge, no reason why i cant live there.

Surinder Singh seems the only way out:
UK immigration laws practically make it impossible for my husband to join me. So my plan:
1.Move to Spain and work there. I have some extended family there also which makes it easier for me to relocate.
2.Husband applies for Schengen visa (3 month visa) from Pakistan
3.Husband arrives in Spain and we register Spanish marriage before his Schengen visa expires (within 3 months)
4.Live together for 6 months in spain
5.Husband applies for EEA Family Permit and travels back to the UK with me.

My questions:
1.Is my plan above on the right tracks? Should this way work even with his previous history? Sounds too good to be true
2.Can he really get a Schengen visa for Europe from Pakistan? If it was so easy why aren’t much more people doing it.
3.Can his Schengen visa be refused because of his previous history? Doesnt spain do checks with the UK etc?
4.Im not sure what he does to stay in spain once his schengen expires, does he apply for Spanish residency?

I cannot explain how much i would appreciate your advice here. I spoke to tons of solicitors and found x1000 times more sense in this forum.
Thankyou very much.

You will need to work in Spain. When your husband arrives in Spain, you need to immediately apply for a Residence Card for him.

Thanks guys for your replies!!

Ok so ive established that EU law will allow my husband to travel with me.
However, my first obstacle is getting him to the EU from Pakistan. I want to work in Spain and i have extended family there which will make it much easier for me. But, ive been told my by extended family that Spain is highly reluctant to grant visa's to Pakistani nationals and so schengen to spain is very unlikely for him. Italy/germany are apparently much less arsy than spain so its better if we apply schengen to italy/germany and then travel to spain from there, where we will work/live for 6months.

My question is, do you guys have an opinion as to which of the 15 schengen countries may be less strict towards Pakistani nationals?
Does the schengen procedure apply for him even though he is married to me, an EU national? Is it easier for him to come as a tourist or as him visiting me?

Thanks again

PS Surinder Singh is actually a legend, its good to know the UK law has somebody else to answer to