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Surrinder singh rough still effective? Beyond confused!

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

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Mymorg
Newbie
Posts: 35
Joined: Sat Sep 01, 2012 5:13 am
Location: Seoul, Korea

Surrinder singh rough still effective? Beyond confused!

Post by Mymorg » Sat Sep 01, 2012 7:19 am

Firstly, I am a but a noob to many thanks for your help in advance. Sorry let me clarify, I'm an American citizen who was teaching English abroad (in seoul) where I met my husband. We married here under Korean law but sent our paperwork to the us and the uk... We're legal. I however, closed my american bank account in 2010 when I left for Korea (without much consideration to my future endeavors... Although I wasn't sure I would be living in europe after my stint in Korea). Anyway, my husband is a musician. I am a tattoo artist... We do not qualify to make nearly 19,000 pounds a year and probably never will. However, his family needs him close to home- I don't have much family back in the US, at all really. So we are obviously in troubled water. Since we can't afford a spouse visa we are merely visiting for three months staring October 10 (for the holidays) since I'm leaving Korea though, I don't have a bank account- so I'm worried, with the immigration laws being as stringent as they are now, that I will be sent away- with only a ticket but no job prospects in Prague and no ties back to the us. Maybe I'm just an anxious person (I am) but I'm concerned about being admitted to the uk at all for my visit.
AFTER the visit- and this is the most confusing part, we are
Moving to Prague. We will both work. We are considering trying to get back into the uk in a year or so using the surrinder Singh route. QUESTION: I read that the new changes to immigration policies this July EXCLUDE British nationals from taking part in granting their family members EEA fp's. The revision says an EEA national is now "a national of an EEA state who is not also a British national". Does that render the surrinder Singh route invalid? From my interpretation that would, because British nationals are NOT considered eea nationals and therefore can NOT take their non eu spouses back into England to exercise treaty rights.
Am I wrong? I hope so... :/
  [/u]

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Re: Surrinder singh rough still effective? Beyond confused!

Post by fysicus » Sat Sep 01, 2012 7:48 am

Mymorg wrote:Does that render the surrinder Singh route invalid? From my interpretation that would, because British nationals are NOT considered eea nationals and therefore can NOT take their non eu spouses back into England to exercise treaty rights.
Am I wrong? I hope so... :/
Yes, you are wrong! Changes in UK law do of course not change European law or ECJ rulings.
Make sure that your British husband is actually exercising treaty rights in Prague (by working, as you are planning to do), and after say 6 months or so you can move to UK. What you are doing in Prague yourself is irrelevant.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sat Sep 01, 2012 8:53 am

Just to add, the changes are for British dual nationals who now can't use their other EEA nationality to apply under the EEA regulations.

The changes don't affect British nationals using their British nationality under the EEA regulations (Surinder Singh).

Mymorg
Newbie
Posts: 35
Joined: Sat Sep 01, 2012 5:13 am
Location: Seoul, Korea

Post by Mymorg » Tue Sep 04, 2012 5:43 am

I cant thank you enough for your help! There is so much talk of this changing its almost impossible to get a straight answer without hearing about rumors and speculations. The july changes were worded in a cinfusing manner so i just wanted to make sure this is all still true. You are livesavers, really!

Mymorg
Newbie
Posts: 35
Joined: Sat Sep 01, 2012 5:13 am
Location: Seoul, Korea

Post by Mymorg » Tue Sep 04, 2012 5:46 am

Pardon my spelling errors- i dont see how anyone can type on an idiot-phone properly- and considering my auto correct spells haberdashery everytime i try to write the word have, ive shut it off.

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