EEA family route - Surinder Singh

[roxx79]

Me: UK national
Partner: Thai national
Children: Pregnant with twins due Jan '13

Currently reside THAILAND
We have been adversely affected by the Jul 9th UK immigration law changes and are unlikely to meet the financial requirements- this is because I will be unlikely to secure a job offer within my profession whilst living abroad (teaching interviews are usually face to face and will usually require lesson observations etc). We were planning to return to the UK in July 2014.

The Surinder Singh provision has come to my attention recently and it seems too good to be true. My partner and I had discussed the possibility of moving to Europe but had assumed my partner would need UK residency /naturalisation before this could happen. How ironic that the reverse is true.

Assuming I am able to get a teaching job in a European International School, I believe the steps are as follows:
1) convert partner's entry visa to EEA country residence card on the basis of our UK Civil Partnership
2) live and work in the EU country according to my contract
3) apply for the EEA family permit at the UK embassy in the EEA country prior to travel to the UK
4) if successful, travel to the UK and apply for Partner's UK residency card.
5) if successful, ILR can be applied for at the end of this 5 year period.

If there is plentiful evidence that we have been living together since 2011, of our wedding, family connections and children together, what are the areas under which we could be refused at points 3, 4 or 5 above? Are there any pitfalls?

Forgive my skepticism - it just seems so improbable that this can be allowed, given that the UK visa route is now SO impossible... If we are returning after working in Thailand, we have to pay a ton and prove and prepare one million things. Yet if we are returning after working in the EEA there is by comparison, a given right to free movement together and nothing to pay beyond basic admin costs..

God bless the EEA!

Finally, is it likely that under the current UK government this Surinder Singh provision will be altered / revoked/ made more difficult, or that ECOs will be advised to refuse as much as possible etc etc?

[Jambo]

You seem to understand the requirements well. I don't see any reason for refusal along the way (with children, there is no question whether the relationship is genuine).

The HO just recently updated the application forms to reflect Surinder Singh and I don't see any reason for them to ignore this ruling in the near future (even if the UK leaves the EU).

[roxx79]

Thanks for this speedy response. I am sure I will think of lots ofo ther questions as time goes on!

R

[Obie]

Well there is a pitfall which tends to affect lots of people. Moving to another memberstate is not easy, and can be quite costly, and stressful. You have to work in the other memberstate for a period of time, and this means lack of family and social support.

Then is the residency requirement, which even though specific provisions, some memberstate tend to refuse to apply it to to letter and spirit, and request several documents which can make the process cumbersome.

Then the EEA family permit requirements, which can sometimes get a bit of putting, as the UK puts requirement in the application form which are quite frankly unnecessary.

[roxx79]

Yes, I assumed that the UKBA would make it as difficult as possible, however, I feel the temporary sacrifice of a move to a EU country would be worth it, even if we might be able to make it into the UK under UK immigration rules. The stress of keeping up the requirements for the 2.5 and 5 year checks would be awful - there would be no chance that I could take a part time job, or be allowed to take stock, retrain or any of the other options I might be able to take advantage of in my own country if my partner was from somewhere else.

Also, from what I gather, there is not actually a genuine reason which can be given to refuse if a relationship is well documented along with the period of work in the member state...? This route is an EEA entitlement, isn't it? As it's free, applications can be made over and over again.

I won't be moving to Europe without a job offer and I won't be moving to countries which don't acknowledge the UK Civil Partnership.

It's not easy, but I think it's worth the effort. What do you think?

[EUsmileWEallsmile]

If you can find work in another member state, then your proposals will be fine.

[EUsmileWEallsmile]

...and I won't be moving to countries which don't acknowledge the UK Civil Partnership...

I'm a little confused by this. Your partner is pregnant and you have a UK civil partnership?

None of my business about what you do of course, it's just that your case might be a little more complicated than I'd thought.

[roxx79]

Hi again- I am pregnant, and so the babies also uk citizens. Because we are civil partners my partner registers as the second parent when they are born.

Many EU countries accept the CP as a valid document for the spousal residency card, but it is known to be trickier in say Italy. But we don't know where we would go yet- hopefully I'll have a job offer before leaving Thailand.

Hope that clears it up?

[EUsmileWEallsmile]

Hi again- I am pregnant, and so the babies also uk citizens. Because we are civil partners my partner registers as the second parent when they are born.

Many EU countries accept the CP as a valid document for the spousal residency card, but it is known to be trickier in say Italy. But we don't know where we would go yet- hopefully I'll have a job offer before leaving Thailand.

Hope that clears it up?

Congratulations!

I've just checked and the 2006 regulations explicitly allows civil partners to avail of Singh route, so the UK part should be fine.

All of the EU countries are supposed to recognise durable partners even if they don't recognise civil partnerships.

Best of luck.