Surinder Singh Settled Status Paper Application:

[ljdebenedictis]

Any update or timeline for surinder singh settled status.

Have they ceased issuing or what.

The government appears to be applying discriminatory practices to EU law which I believe to be unlawful.

Any recent grant and timeline will be helpful.

Hello Obie. Good morning.

I sent my application on the 2nd of September, received biometric enrolment letter and submitted it 29th of September. I rang the EU settlement team to ask what is happening to my application as I never received any confirmation stating they got my biometrics, the lady on the phone checked my application and she told me that she can’t tell me when will I get it but she can confirm that my application is in the “final stage”. The phone call happened on Wednesday so I have no idea when will I receive an answer.

It appears that the processing of Surinder Singh application became very very slow. unless someone applied recently and got an answer quickly? xx

[Obie]

Did you get a COA.

I am minded to make a formal complaint, but need more data.

I understand it may be justified that assessment are undertaken for people who have not previously been issued documents under the surinder singh provision, but it make no sense and quite frankly unlawful to treat people who have already succeed in a previous surinder singh application from those who are applying as family members of EU national.

[ljdebenedictis]

Did you get a COA.

I am minded to make a formal complaint, but need more data.

I understand it may be justified that assessment are undertaken for people who have not previously been issued documents under the surinder singh provision, but it make no sense and quite frankly unlawful to treat people who have already succeed in a previous surinder singh application from those who are applying as family members of EU national.

No I didn’t get anything, no letter, no emails, no confirmation at all.

Thought it will be easier for my case due to having EEA FP upon entering UK 5 years ago and also hold an EEA residence card but sadly no. I’m not in a hurry but my residence card is expiring in January 2020 (I’m aware that it wont change anything and can still live here lawfully) but the thought of not having any papers is stressful.

[ljdebenedictis]

Did you get a COA.

I am minded to make a formal complaint, but need more data.

I understand it may be justified that assessment are undertaken for people who have not previously been issued documents under the surinder singh provision, but it make no sense and quite frankly unlawful to treat people who have already succeed in a previous surinder singh application from those who are applying as family members of EU national.

No I didn’t get anything, no letter, no emails, no confirmation at all.

Thought it will be easier for my case due to having EEA FP upon entering UK 5 years ago and also hold an EEA residence card but sadly no. I’m not in a hurry but my residence card is expiring in January 2020 (I’m aware that it wont change anything and can still live here lawfully) but the thought of not having any papers is stressful.

[ruthie]

Did you get a COA.

I am minded to make a formal complaint, but need more data.

I understand it may be justified that assessment are undertaken for people who have not previously been issued documents under the surinder singh provision, but it make no sense and quite frankly unlawful to treat people who have already succeed in a previous surinder singh application from those who are applying as family members of EU national.

We are currently applying for my parents. They are holding 5 years EEA2 based on Surinder Singh ruling, which will expire on Feb 2020. Timeline as this,

Application form received by Home Office: 30th Sep
Passport returned and asking for a more recent photo: 11th Oct
New photo received by Home Office: 14th Oct
Biometrics letter received: 23th Oct
Biometrics enrolled: 26th Oct

We've supplied all 5 years proof of residence for my parents and myself in the UK, should be a fairly straight forward case in my view. Now we are waiting.

[Obie]

The system is a disgrace and Priti Patel, and the whole of the department should be ashamed of themselves.

There is no justification for putting British family members through the hassle of first calling and waiting 30 minutes to go through to any operator who mostly seem clueless and out of their depth , then wait for 10 working days to get an application form through the post, then months to get a decision.

It is actually a breach of EU law, to have a system in place that treats two catagory of cohorts with similar rights differently on grounds of nationality.

People who qualify under regulation 9 should be treated in manner that is similar to family members of EEA national.

[ljdebenedictis]

Btw, the lady on the phone told me that the process can take up to 6 months.

[mkhan2525]

Surinder Singh family members were never included in the withdrawal agreement negotiated by Theresa May.
The Home Office are going by the citizen rights part of the withdrawal agreement which means in theory there is no obligation on them to extend the EU settlement scheme to Surinder Singh family members and therfore they don't care about meeing the same service standards for applications as EU citizens and their family members.

The clue is the long paper application we have to fill in as opposed to being able to apply online.

[Obie]

Surinder Singh family members were never included in the withdrawal agreement negotiated by Theresa May.
The Home Office are going by the citizen rights part of the withdrawal agreement which means in theory there is no obligation on them to extend the EU settlement scheme to Surinder Singh family members and therfore they don't care about meeing the same service standards for applications as EU citizens and their family members.

The clue is the long paper application we have to fill in as opposed to being able to apply online.

I am not sure that this correct. The withdrawal agreement applies to Union Citizens and United Kingdom nationals.

Just like Directive 2004/38EC does not explicitly mention surinder singh, but the directive is applicable by analogy.

If you UK government was to raise this as an issue, then a reference will have to be made.

UK courts are required to apply the Cjeu judgements and decisions in relation to citizens rights for 8 years after Brexit. I am sure the CJEU will have no difficult in finding that the withdrawal agreement applies to United Kingdom national when they return home.

It will be really odd if it did not.

[mkhan2525]

Surinder Singh family members were never included in the withdrawal agreement negotiated by Theresa May.
The Home Office are going by the citizen rights part of the withdrawal agreement which means in theory there is no obligation on them to extend the EU settlement scheme to Surinder Singh family members and therfore they don't care about meeing the same service standards for applications as EU citizens and their family members.

The clue is the long paper application we have to fill in as opposed to being able to apply online.

I am not sure that this correct. The withdrawal agreement applies to Union Citizens and United Kingdom nationals.

Just like Directive 2004/38EC does not explicitly mention surinder singh, but the directive is applicable by analogy.

If you UK government was to raise this as an issue, then a reference will have to be made.

UK courts are required to apply the Cjeu judgements and decisions in relation to citizens rights for 8 years after Brexit. I am sure the CJEU will have no difficult in finding that the withdrawal agreement applies to United Kingdom national when they return home.

It will be really odd if it did not.

I agree with what you are saying Obie but the withdrawal agreement is not law yet and this allows the Home Office to do as they please.

At the moment I don't think it can be challenged as we don't even know whats going to happen with Brexit.

[jestew]

Any further update on this thread or timeline.

It will seem like Home Office Surinder Singh Settlement Scheme section is working like a fine tuned machine, or maybe not.

More timeline will give an indication on performance in this area.

Hi Obie,

I submitted my paper application 23/8, had to resubmit a photo using a different color background on 3/9, submitted biometrics 24/9. My 5-yr residence permit is a paper copy, not in my passport and I had to make 3 calls to request the return of it. It expired 23/8 so it is of no help to me for travel purposes. I've called twice in the past two weeks asking for updates and they insist they have my biometrics and all required paperwork and they can't give me details of decision or COA.

I have a dying relative in the US and need to travel urgently but I no longer have any documents that allow me to board a plane to return to the UK.

I've had to cancel two planned trips to Ireland and Denmark because of this.

It's very nerve-wracking and frustrating.

[jestew]

The system is a disgrace and Priti Patel, and the whole of the department should be ashamed of themselves.

There is no justification for putting British family members through the hassle of first calling and waiting 30 minutes to go through to any operator who mostly seem clueless and out of their depth , then wait for 10 working days to get an application form through the post, then months to get a decision.

Greetings Obie,

Thank you for your words and your frustration. I can't speak to the legal side of things, but it is outrageous to be on the receiving end of this treatment. I spoke at length with the person on the phone at the resolution centre. I said do you understand what it feels like to be in my situation? A legal resident of the UK who can't travel because the government has created a huge immigration crisis and hasn't assigned enough people to do the required paperwork? And so I'm unable to travel anywhere?

She interrupted and said that I could travel, but that I couldn't get back into the country.

Not the empathy I would have enjoyed. But after that comment she was quite a bit more compassionate and apologized for not having anything more to offer me.

[mkhan2525]

Contact your MP and get them to chase the Home Office.

[Airfan]

Hi Khan Said,

Yes that's correct, once you are in the UK you need to call the Home Office and ask for a Surinder Singh Paper application form. You won't be able to apply from within Ireland, you will need to move to the UK, and then gather evidence of you living in the UK, a plane boarding pass will be enough proof for your date of entry, and other than that, rental agreements, bank statements, bills etc will be needed for proof of residency. You would be applying for Pre-Settled status which would give you a 5 year biometric residence card.
You will also need proof of the British Citizen, exercising treaty rights in Ireland; your residency proofs such as rental agreements, bank statements, bills etc, and proof of employment there in the period of residency, and also proof of integration in Ireland.

Hope this helps you,

Irfan

Hi all,

So I'm a non-EU family member (spouse) of a British citizen, we have lived together in Ireland from 2015 to 2017. I do not previously have an EEA Family permit, just the Article 10 Residence Card issued by Republic of Ireland. and I have now applied for Pre-Settled under the EU Surinder Singh route. My timeline is as follows:

Application form completed and returned: 19th August (Special Delivery)
Application form received by Home Office: 20th August
Biometrics letter received: 29th (Letter dated 27th August) including return of passports - other documents not yet returned.
Biometrics given: 29th August
Certificate of Application: 2nd September (Letter dated 31st August)
Pre-Settled Status: (Pending)

Have called every week for an update, but the call centre seem to have standard answers, with no real timeframe for a decision. Looks like they are being quite slow. How are everybody's applications' going ?

Hi A irfan

Thanks for posting your inquiry. I planning to apply for my family through Surinder singh route as well from here in Ireland. I have been looking at these posts on Immigrationboard and what I have got is that:
There is no online application and I have to call UKHO and ask for an application which they would post it to the home address after checking the eligibility of the applicant.
I shall be grateful if you could share process please. And also whether these applications are for 6 monthe or for 5 years RC once approved?

Regards

[jestew]

Contact your MP and get them to chase the Home Office.

I've done just this. I wrote an email complaint to the home office and CC:ed my MP and then phoned his office. They connected me to a case worker straight away who was really sweet and kind. They sent me a consent form and got the information they need to make inquiries on my behalf. we shall see.

[Obie]

There is also the online form that your can fill.

They will reply within 5 working days.

Express you disappointment and frustration with the process and demand immediate action.

[jestew]

I've done just this. I wrote an email complaint to the home office and CC:ed my MP and then phoned his office. They connected me to a case worker straight away who was really sweet and kind. They sent me a consent form and got the information they need to make inquiries on my behalf. we shall see.

I just heard back from the MP case worker - the resolution centre said that in my case (death of an immediate family member) they will expedite the decision. Not sure how expedited that will be but my step-father (who was in hospital due to stroke) just died last night. I don't know when his service will be, so I'm trying to find a way to attend (in the USA).

[jestew]

so...

Just heard back from my MP's office. The Home Office can't make a decision on my case because they are investigating the "Irish Connection".

I'm really gutted. I just found out that my sted-dad's funeral is on Saturday.

I have no idea what the Irish Connection is. My wife and I lived in Ireland for 6 months. That's where I applied for the original EEA family permit. I was given the FP, then a RP. Why and how can they be investigating anything about that? It seems so outrageous that there would be such differences between how the husband of a non-British EU citizen is treated and how I am treated.

In the freemovement forum Vinny suggested the following:

Assuming a Brexit delay, apply for an EEA family permit from the USA or board a plane as a non-visa national and enter, subject to 9(5) and 11(4)?

There may be similar provisions in Appendix EU (family permit) and EU? I haven’t checked yet.

11(4) seems to say that if my Settled Status comes while I’m away – I could fly into Heathrow and if stopped by an immigration officer, I could have someone bring my BRP to him/her to let me in – is that correct?

9(5) confuses me – it only seems to say that my wife should be considered as an EEA passport holder – but I’m not sure how that helps me get into the UK.

And I can't even imagine how to apply for a EEA FP now - 5 years after I lived in Ireland.

Does anyone have clarity about this? I'm just not thinking straight...

[Obie]

I really do not think your case is urgently in need of a decision as you make it to be, or in the sense that your fate depends on UKVI. If you were a visa national, i would have concluded that such is the case. There is nothing stoping you from flying to America and returning back to the UK, seeking entry at port under code 1A.

This is not me excusing UKVI of their incompetence or discriminatory practices.

There policy is that those who were issued a Residence Card before November 2016 when the new regulation came into effect will have their entitlement reexamined again. This is normal practise, as your residence card was issued in 2014, and pre-dates the changes in 2016.

You will receive Code 1A upon return. In hindsight, it may well have been sensible to apply for Permanent Residence Card instead.

[jestew]

Hi Obie, thanks for responding!

There policy is that those who were issued a Residence Card before November 2016 when the new regulation came into effect will have their entitlement reexamined again. This is normal practise, as your residence card was issued in 2014, and pre-dates the changes in 2016.

Ah... OK. That makes sense. I wish they had given me that information. I'm glad that someone could explain it.

I really do not think your case is urgently in need of a decision as you make it to be, or in the sense that your fate depends on UKVI. If you were a visa national, i would have concluded that such is the case. There is nothing stoping you from flying to America and returning back to the UK, seeking entry at port under code 1A.

This is not me excusing UKVI of their incompetence or discriminatory practices.

You will receive Code 1A upon return. In hindsight, it may well have been sensible to apply for Permanent Residence Card instead.

Yes, I agree that others are in much more challenging situations. However, in 2013 I attempted to enter the UK in Heathrow and was turned away at the border for no reason (they say they thought I would overstay the terms of my visitor visa), so I know that I can be turned away for arbitrary reasons.

I'm really uncertain about the Code 1A. I'll be travelling on my own and so I'll be arriving trying to join my british wife in the UK - how does that qualify me for a Code 1A stamp? Don't I have to prove that she was exercising her EU treaty rights in Ireland back in 2014? I'm sorry but this is really twisting my head in circles, all and any help appreciated.

Thanks so much...

[Life And Fate]

Morning all,
Has anyone actually received anything back aside from a COA as a result of a Surinder Singh Settled Status Paper Application?

To be clear, my wife is applying (Hong Kong) on the merit that I'm a British citizen.

So far the HO has been surprisingly quick, so I don't have anything to complain about, yet, however, I can't see anyone on the forum that has got past the COA stage and I'm curious as to if anyone finished their settled status application as the result of a Surinder Singh Settled Status Paper Application?


My timeline.

• 8 October: Call and request a paper form.
• 11 October: get the paper form
• 16 October: send the form with all the necessary evidence and documents.
• 19 October: Recieve back our passports and National ID (HK national id, sadly not an EEA one). With a biometrics form.
• 19 October: Submit biometrics immediately at the Post Office
• 30 October: Recieve COA (letter sent 28 October).

So far, so good. However, as I said I note that no one has finalised their application and many are stuck at the COA stage.

It would be lovely to have a holiday this winter, we haven't left the country for three years and all of our evidence of centre-of-life is at the Home Office somewhere so we wouldn't be able to re-enter asserting our Surender Singh treaty rights anyway.

I know other people have much more important things to worry about, but I'm just curious as to if anyone has actually finalised a Surinder Singh Settled Status Paper Application.

Thanks everyone and have a great morning

[ljdebenedictis]

Morning all,
Has anyone actually received anything back aside from a COA as a result of a Surinder Singh Settled Status Paper Application?

To be clear, my wife is applying (Hong Kong) on the merit that I'm a British citizen.

So far the HO has been surprisingly quick, so I don't have anything to complain about, yet, however, I can't see anyone on the forum that has got past the COA stage and I'm curious as to if anyone finished their settled status application as the result of a Surinder Singh Settled Status Paper Application?


My timeline.

• 8 October: Call and request a paper form.
• 11 October: get the paper form
• 16 October: send the form with all the necessary evidence and documents.
• 19 October: Recieve back our passports and National ID (HK national id, sadly not an EEA one). With a biometrics form.
• 19 October: Submit biometrics immediately at the Post Office
• 30 October: Recieve COA (letter sent 28 October).

So far, so good. However, as I said I note that no one has finalised their application and many are stuck at the COA stage.

It would be lovely to have a holiday this winter, we haven't left the country for three years and all of our evidence of centre-of-life is at the Home Office somewhere so we wouldn't be able to re-enter asserting our Surender Singh treaty rights anyway.

I know other people have much more important things to worry about, but I'm just curious as to if anyone has actually finalised a Surinder Singh Settled Status Paper Application.

Thanks everyone and have a great morning

It’s good that you received a COA, i sent my biometrics 29th of September and haven’t heard anything from them until now, no COA, no email or any letter

[zwfx]

Nice to see people are having success here

I have a question regarding this process and the Surinder Singh Settled Status application:

My wife will soon apply for an EEA family permit via the Surinder Singh route. Assuming she gets it, and we move to the UK, we'll then apply for pre-settled status via the paper application.

My question is, with this taking so long for some people, what happens if the 6 months on her EEA family permit expire before the SS Paper form is processed? Anybody with experience of this?

Thanks!

[NatCam]

@zwfx, nothing will happen. My permit expired long before I applied for a residence card. I had no issues. (Your wife might have trouble finding work)

[Hope16]

Morning all,
Has anyone actually received anything back aside from a COA as a result of a Surinder Singh Settled Status Paper Application?

To be clear, my wife is applying (Hong Kong) on the merit that I'm a British citizen.

So far the HO has been surprisingly quick, so I don't have anything to complain about, yet, however, I can't see anyone on the forum that has got past the COA stage and I'm curious as to if anyone finished their settled status application as the result of a Surinder Singh Settled Status Paper Application?


My timeline.

• 8 October: Call and request a paper form.
• 11 October: get the paper form
• 16 October: send the form with all the necessary evidence and documents.
• 19 October: Recieve back our passports and National ID (HK national id, sadly not an EEA one). With a biometrics form.
• 19 October: Submit biometrics immediately at the Post Office
• 30 October: Recieve COA (letter sent 28 October).

So far, so good. However, as I said I note that no one has finalised their application and many are stuck at the COA stage.

It would be lovely to have a holiday this winter, we haven't left the country for three years and all of our evidence of centre-of-life is at the Home Office somewhere so we wouldn't be able to re-enter asserting our Surender Singh treaty rights anyway.

I know other people have much more important things to worry about, but I'm just curious as to if anyone has actually finalised a Surinder Singh Settled Status Paper Application.

Thanks everyone and have a great morning

It’s good that you received a COA, i sent my biometrics 29th of September and haven’t heard anything from them until now, no COA, no email or any letter

I submitted my biometrics in August and till today I have not heard a word from them