Few Questions about Surinder Singh

[SRAQAI]

Hi people, I have a few questions, hoping someone could please answer. Me and my Pakistani husband are planning to move to France in April sometime. We were meant to have visited France last year for a visit - but the French Embassy in Pakistan would not accept his application, because they were asking for documentation, that they shouldnt have been. Long story short - it was taken through Solvit and eventually (long after our planned trip dates had come and gone!) we were told that my husband could go and get his Schegan visa, under the EU Directive 2004/38, and traveling with me, a British Citizen. However, we didnt follow through with it, because the time for our trip had come and gone and we were not able to travel to Paris during the academic year, so its been postponed until, like, this year. Now, we plan to actually move there, and I am planning to take a few part time French for Business courses, whilst also setting up as an auto-entrepreneur. My husband will be looking for basic skills work (dishwashing, restaurant stuff type), since he needs to improve his french, and he will be also be taking French classes.

Questions:

1. We have a wedding to attend in London in June, can we get an EEA Family Permit to travel back to London for the wedding, for about 2 weeks and then return to France? What is the minimum amount of time we have to wait, before we can apply for an EEA Family Permit?

2. In my first year of business, I will not be expecting to make a profit, I will be in the very early stages of starting up - i.e, I will be attending trade shows etc, and testing the market with my products. Although I will be opening up a business bank account etc.... I will be running everything from home, initially (purpose of the Auto-entre..) and everything will be very small scale. Will this be sufficient to get the EEA Family Permit to visit the UK in June, plus considering that my husband should be working by the time we apply?

3. Now, I am hoping that this will not happen, but as a last resort, in case this does happen... (please no judgements, questioning my morals etc) we might have to apply for the French CAF, I.e assistance in paying rent in France, if things get very tough. I know that as students (of French language course plus low income) we might be eligible for this. Now, will this hinder us in getting the EEA Family Permit?


4. What documents, in fact do we need to apply for the EEA Family Permit? The UKBA Website is quite vague.... doesn't really give precise details of what is expected. I have seen here, that all that is needed is a marriage certificate. Is this correct?

Looking forward to answers and thanks

[SRAQAI]

Sorry, I think I posted this in the wrong forum.... cant this please be moved to the 'EEA-Route Applications' forum?

Thanks!

[SRAQAI]

bump

can anyone please answer?

[SRAQAI]

Bumpa di bump bump!

[SRAQAI]

Bumpa le do da Bumps and bumping bumps

[Jambo]

This kind of behaviour is not very polite in forums.

As for your questions:

1. There is no minimum period although I would think in order for it to genuine and effective, it will need to be at least 6 months (but that depends on the business). If you are still in Pakistan, and you need to apply for a permit for France, move there and apply for a Permit for the UK to be there in June - that means you will apply 1-2 months after arriving. I doubt you will get it.

2. Your husband employment is not relevant. You need to show that your work is real.

3. Well, that could cast doubts that your work is real.

4. For non-UK married couple, a marriage certificate is all that is needed. For Surinder Singh cases, you need to show you have exercised treaty rights in another member state as worker or self-employed and that you are you husband lived together there.

[SRAQAI]

Thanks, for answering, Jambo. Sorry about the bumps, I just needed to get it to the top of the forum list. On what basis, do you think that my husband will not get the permit, even if its applying 1-2 months after my husband arrives in France? Its only for about a week that we want to go to London for a wedding, so if we shows ties to France that would need us to return, would that make any difference?

This kind of behaviour is not very polite in forums.

As for your questions:

1. There is no minimum period although I would think in order for it to genuine and effective, it will need to be at least 6 months (but that depends on the business). If you are still in Pakistan, and you need to apply for a permit for France, move there and apply for a Permit for the UK to be there in June - that means you will apply 1-2 months after arriving. I doubt you will get it.

2. Your husband employment is not relevant. You need to show that your work is real.

3. Well, that could cast doubts that your work is real.

4. For non-UK married couple, a marriage certificate is all that is needed. For Surinder Singh cases, you need to show you have exercised treaty rights in another member state as worker or self-employed and that you are you husband lived together there.

[Jambo]

I would think it is very difficult to show strong ties to a country you just moved to 1-2 months before especially if you going to visit your spouse homeland.

You were asking about a EEA Family Permit under Surinder Singh for which I believe you will not meet the criteria of exercising treaty rights in the France.

He might be able to apply for a visitor visa but as I said, with no strong ties to France, I believe it will be difficult.

Just my view. The consulate in Paris might have a different one and their view is the important one.

[Greenie]

I think the visit visa may be the more appropriate option given that he will be coming to the UK for a visit. A FP is applied for if you are intending on return to live in the UK after having exercised treaty rights in France, which is not your intention.

[Jambo]

EEA Family Permit can also be used just for a visit.

See

Because EEA nationals have an initial three months right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. Therefore, an EEA family permit can be issued to the non-EEA national family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident.

However, I don't think that in this case the OP qualfies under Surinder Singh and hence a visitor visa is more appropriate.

[SRAQAI]

Thanks for the clarifications, I appreciate it

[Obie]

I think the visit visa may be the more appropriate option given that he will be coming to the UK for a visit. A FP is applied for if you are intending on return to live in the UK after having exercised treaty rights in France, which is not your intention.

I am very doubtful if this is correct.

Once a person has exercised treaty rights, or they undertook meaningful activity, they qualify for EEA permit, without it being necessary to enquire the reason for the permit.

Ruturning nationals do have right similar to that of any other Union Citizens or EEA national, to use the UK terms