A way to legally circumvent new immigration rules

[mcovet]

I think vinny mentioned this already, but all is not lost for BRITISH citizens (not ILR holders).

It involves certain inconvenience and a move abroad but is still better than new rules. Brits can simply go to another EU state (it will be easier and FREE to take your wife/dependent parents/children with you) and exercise treaty rights there. Then simply return to the UK and use the EU route to apply for a residence card for your family member. Google the Surrinder Singh ruling.

Now, this will still require 5 years for your wife to obtain permanent residence. But, the main positive is that the application is free, no need to keep applying for FLR etc, no need to earn certain amount of money per annum etc.

so, unfortunately, as much as the home office try to curb family migration, there are ample ways to use the EU route to avoid harsher new rules!

[Lucapooka]

There is nothing new about the Surindar Singh route. However, I can't see a SS application being approved if the applicant has not been working (so it requires specific economic treaty rights rather than any other type of treaty right).

[HASS786]

is british allowed to take spouse to another EU country? i am on tier 4 visa my wife british.

[Lucapooka]

Yes.

[mcovet]

There is nothing new about the Surindar Singh route. However, I can't see a SS application being approved if the applicant has not been working (so it requires specific economic treaty rights rather than any other type of treaty right).

what did you want to suggest with your post? I didn't claim that there is anything new about singh, but many people on this thread are not aware of this route (mostly discussed on EEA route applications) and may be losing out on a practical note from this topic I posted. Now that they familiarise themselves with this suggestion, at least for some this may be a VERY big advantage which would allow to save some money and most importantly UKBA's discretion!

[Lucapooka]

what did you want to suggest with your post?

I am suggesting that your information is not new and that while you may think of it as a cheaper and more convenient option to UK immigration routes, the practical reality for most people might be that relocating to another EEA state and working there for a period would not be any easier or affordable than remaining in the UK and using the UK immigration rules.

[asim72]

There is nothing new about the Surindar Singh route. However, I can't see a SS application being approved if the applicant has not been working (so it requires specific economic treaty rights rather than any other type of treaty right).

what did you want to suggest with your post? I didn't claim that there is anything new about singh, but many people on this thread are not aware of this route (mostly discussed on EEA route applications) and may be losing out on a practical note from this topic I posted. Now that they familiarise themselves with this suggestion, at least for some this may be a VERY big advantage which would allow to save some money and most importantly UKBA's discretion!

Which country would you suggest? It seems like only employment that could be found in most eu countries right now is begging, and begging is not regarded as exercising treaty rights.

[mcovet]

what did you want to suggest with your post?

I am suggesting that your information is not new and that while you may think of it as a cheaper and more convenient option to UK immigration routes, the practical reality for most people might be that relocating to another EEA state and working there for a period would not be any easier or affordable than remaining in the UK and using the UK immigration rules.

whether YOU think it may or may not be advantageous, my post gives those who are unaware of the EEA route option a choice, it is up to them to make an informed decision based on their circumstances.

There are many bi-lingual people who could relocate to France, Germany etc. even IRELAND is fine, and even if it's flipping burgers for a month or two, this still counts (there was a post of someone going to Ireland for a very short while and coming back via Surinder Singh).

So, leave the choice to those who may find it useful, no need to hate. As for the last post, registering with the Job centres here and being paid by the govt is also an indirect way of begging, isn't it? especially for those who haven't ever worked in their lives and never paid into the system to justify their claim. And yet, claiming JSA and actively seeking work is regarded as exercising treaty rights.

[asim72]

Yes, I agree. I meant to say that jobs are pretty tough to find in eu.

But yes, you are right. Many people cannot expect to earn £18600 pounds a year. In fact, none of the unskilled jobs would pay more than the NMW in the present atmosphere.

The method you have suggested could infact work for many people if they have the drive to see it through. Tossing the burgers in an irish takeaway, and renting the cheapest accomodation and getting stuck in there until spouse gets to ireland, and then after a few months making surinder singh route application can prove to be the best and cheapest way.

[Alif1]

Mcovet Thanks for your post. It is useful to know about the route you suggested. Do you have link for the Surinder case??

[mcovet]

Read 2.5.1
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

the actual law is contained in Regulation 9
http://www.legislation.gov.uk/uksi/2006 ... ion/9/made

Read the case law posted by vinny in particular helpful
http://www.immigrationboards.com/viewto ... nder+singh

and most importantly (paragraph 36&38&45 of the ruling I think, hasn't been overruled) upon return to the UK, no need to be in gainful employment, even though you can claim JSA etc.
http://www.bailii.org/eu/cases/EUECJ/2007/C29105.html

The process of bringing your wife to the UK through this route will involve the following steps.

1) go abroad (Ireland or any other EU country);
2) apply for a registration certificate (which will prove that you are exercising treaty rights);
3) at the same time your wife applies for an EEA Family Permit/ Schengen visa which should be issued free of charge to your wife under Directive 2004/38EC or an equivalent provision of the Member State you are moving to;
4) once your wife joins you in that other country, you make an application to the UK embassy for an EEA Family Permit (you probably wouldn't even need that, you may travel alongside with marriage certificate);
5) once in the UK, fill out application form EEA2 for FREE and you will use Regulation 9 of the above link I gave you to use the EU route;
6) your wife will get a Residence Card valid for 5 years;
7) after 5 years of continuous residence in the UK (not when the card is issued) she could apply for FREE for a permanent residence card.

No need for salary cap, no need to prove every 2.5 years the relationship is genuine, no need to pay ever increasing exorbitant fees towards FLR(M), ILR etc. Just 6-8 months of dedication (maybe even less) from the time you decide to start the process and move to another member state will pay off nicely.

The particular point to note is the first step of getting your wife a visa to join you in another member state. Once this has been done, the rest is a piece of cake (relatively easier, and at least you'll be together).

[vinny]

Moreover, these changes may make the alternative EEA route very popular for family members of British citzens.

[kikijon1]

So if I were to go to Ireland or Hungary, exercise my treaty rights, as either self employed or self sufficient, does anyone know how long it takes either of these two country's to issue the family permit for my non EU partner? so that she may then join me there.

[SoHopeful]

Thank You for breaking the process down in this way. I have contemplated this and looked in the EU thread, but couldn't understand how I would go about it.

So the only requirement is that I am working?

[nathano]

Thank You for breaking the process down in this way. I have contemplated this and looked in the EU thread, but couldn't understand how I would go about it.

So the only requirement is that I am working?

The British Citizen must be employed. They will not accept self sufficiency or being a student. Although I believe this to be an incorrect interpretation of EU law, but somebody would have to challenge it.

We initially tried this in Ireland, and were denied as my wife never worked there. She had studied and we lived there for over two years under the self sufficiency rule. We finally got here on a spouse visa.

So to be clear, the EU citizen must work.

[jalebi]

Mcovet, thanks for highlighting this method. I've never heard of this and think it's an option that some people may find is easier.
Even though I think it's stupid that someone needs to go through all that to bring over their loved ones.

[safina87]

Hi,

Firsty thankyou so much for highlighting this way of getting to the UK. I was at a loss as the £18,600 requirement was not happening any time soon for me and quite literally has given me hope it will work out.

I have done lots of reading since reading this thread and was wondering if someone could shed some light on this route please.

Firstly am I correct in thinking Ireland would be considered me moving to a different country for the purpose of the EEA route? If so, when I landed in Ireland what/ how would I or my husband get visa/ clearance to fly to Ireland? He's a Pakistani national so is there an embassy in Pakistan or is this something I apply for? Also what is this document called, is it the family permit? So if he has the family permit can he work with this too? Once he's here is it a case of me working for up to a year or so and then move back to the UK? I've read again about getting the FP only before moving to the UK but doesn't he need documentation allowing him to stay in Ireland? Finally would it automatically be assumed I'm exercising treaty rights when I start work and therefore allowed to call my husband to Ireland or is this something that I need to declare somehow?


Sorry for all the questions. I'm not sure my understanding of the EEA route was at all correct and need some clarification. Any help would be appreciated as I thought easier than to start a new thread. Is this method called the Surinder Singh when I exercise treaty rights? Thankyou again

[djbonnet]

I overstayed of my student visa since 2007, started living with my british national fiance in 2009 and iin 2010 after applying for certificate of approval we registered our marriage in the registrar office. In 2011 I applied within the UK FLR(m) under article 8 but refused in february 2012.
Now instead of going back to my home country Pakistan, as we still living togather can I being illegal in UK can travel to ITALY with my British wife and live there legally for more then 3 month and get my non eu family member resident card? Is there a chance we can come back to UK togather again after my missus as british citizen exercise her traty rights.

[sam2106]

Yes.

is british allowed to bring dependant parents and exercise EEA treaty rights to come back to the UK?

[vinny]

Surinder Singh and Family Unity.

[deleted_user]

A good alternative, as long a Britain is in the EU.

[wiggsy]

Surinder Singh and Family Unity.

REALLY good post Vinny. I wonder if this Author has decided to write a nice letter to the PM yet (not that it'll help at all)

[vinny]

No, put new cases can have the effect of a review. I'd read that the Dutch were looking to have some points clarified at the ECJ such as length of time required before return and other matters (don't have a link to hand).

also see

S

and

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[lucky02]

Surinder Singh and Family Unity.

@vinny does the non eu partner need a visa to travel with there british partner before leaving for another eu member state? thanks reply will be highly appreciated.

[vinny]

Depends on non-EEA partner's nationality.