Moving to France to use the Surinder Singh route.

[Gobaith]

Hi all!

I'm an UK citizen who is intending on bringing my Brazilian wife and my son back into the UK through the Surinder Singh route. I'm currently in the UK while she and my son (who has a Brazilian passport but who is also eligible for an UK passport) are in Brazil.

My plan is to bring them into France, find work there, apply for the EEA Family permit and then after 3-6 months return to the UK. Just some questions about this-

1. Do I need to arrive in France on the same flight as my wife and child? o'r can I come in from the UK on the same day they arrive in France and meet them there? O'r could I go to France first, start work, find a flat and then they could come in?


2. She would be coming in on a tourist visa (which lasts for 3 months). Is this the best visa for her to come in on? Is there another visa she could come in on? Is there a family visit visa to enter France? If so how does that work?

I've heard that non-EEA spouses need to apply for a resident/residence card when they arrive in the EEA. By coming in on a tourist visa would she be able to apply for this resident/residence card?


3. How much time before leaving France for the UK should we apply for the EEA Family permit?


4. From what I've been reading on another forum most people are saying that its best to work for about 6 months in the EEA country before going to the UK. If I did try going back there after 3 months, would we still have a good chance of getting into the UK?


5. I'm planning on re-entering the UK via Ferry. Is this the best route to get back into the UK when using the Surinder Singh route?

Any help would be greatly appreciated. Thanks very much.

[Jambo]

1. They can either travel with you or join you in France.
2. Brazilian can enter France without applying for a visa. She can enter as a tourist and then apply for a Residence Card.
3. EEA Family Permit normally takes 2-3 weeks.
4 & 5. I suggest you read EEA FAQs - Common Questions - Read before posting - Surinder Singh.

[Gobaith]

Thanks for the reply- very helpful.


Just a couple more questions-

1. Regarding the Residence card- where can she apply for that? Should she apply for that as soon as she arrives in France ? Its very cheap to get, isn't it?

How long will the Residence card allow her to stay in the country for?

2. Even though the EEA Family Permit is not required when entering the UK via Ferry, there wouldn't be any harm in having it anyway, no?

Thanks very much in advance.

[Rozen]

Even though the EEA Family Permit is not required when entering the UK via Ferry...

Really???

[ukforever]

Thanks for the reply- very helpful.


Just a couple more questions-

1. Regarding the Residence card- where can she apply for that? Should she apply for that as soon as she arrives in France ? Its very cheap to get, isn't it?

How long will the Residence card allow her to stay in the country for?

2. Even though the EEA Family Permit is not required when entering the UK via Ferry, there wouldn't be any harm in having it anyway, no?

Thanks very much in advance.

Even though the EEA Family Permit is not required when entering the UK via Ferry...

Really???

the family permit is not mandatory so yes,u can seek admission at port but u need to prove that u have the right to be admitted and in your case it would be under the singh route.

https://dl.dropboxusercontent.com/u/278 ... reeEEA.pdf

for the residence card in france,once u get a job and start working,and when your wife is living with u,u u have to apply for her residence card within 3 moths of your arrival at the prefecture of the town where u live,and at some places u can apply at the la mairie.

http://vosdroits.service-public.fr/part ... 9315.xhtml

the website is french but if u have already some knowledge of the language i think it would be pretty much easy to understand,if not just let me know where or what section u did not get and i'll help u understand it.

[Rozen]

Entered UK via Calais/Dover this morning. Passport checked at Calais UKBA Check Point for EEA FP (which was then stamped by the way) and waved through.

[EUsmileWEallsmile]

Entered UK via Calais/Dover this morning. Passport checked at Calais UKBA Check Point for EEA FP (which was then stamped by the way) and waved through.

Stamping family permit is fine and allowed (hope no landing card asked for).

For OP being a non-visa national, they are likely to get to a border to argue their case under article 5.4 of directive 2004/68/ec.

[Rozen]

No Landing Card nor Biometrics were required.

[EUsmileWEallsmile]

Good.

[LankanFunkin]

Does anyone have an idea as to how long it takes to get a French residence card? Thats the carte de séjour, right?

I'm different read outs on surfing the web - some as quickly as 3 months, some as much as 9.

Also, I read that cartes de séjour is issued from anywhere from 1 year to 5. Does getting only a 1 year carte de séjour give the UKBA any excuse to block a Surinder Sing attempt?

[EUsmileWEallsmile]

Does anyone have an idea as to how long it takes to get a French residence card? Thats the carte de séjour, right?

I'm different read outs on surfing the web - some as quickly as 3 months, some as much as 9.

Also, I read that cartes de séjour is issued from anywhere from 1 year to 5. Does getting only a 1 year carte de séjour give the UKBA any excuse to block a Surinder Sing attempt?

The have up to six months by which they must have issued the card. Card is meant to be issued for 5 years unless the EU national advises that they expect to be in the host state for a shorter period.

Having or not having a card ought not to impact on the UK's decision. The important points are the requirements set out in the regulations are met.

[LankanFunkin]

Thanks for clarifying that EUsmile

[Graham Weifang]

Having read so much on these boards over the past year or more, I feel that having a residence card from France, Germany, Italy or whatever EU country you decide to use as your medium to enter UK, the proof needed is that you have exercised your EU treaty rights, of living and working in a real job.
The actual time period needed to live and work in whatever EU country, isn't some thing that appears to be written any where.

However, I do recall recently reading a post, where some EU country, had indicated the time period needed to live and work, and also the hours per week, one should work, in order to safely satisfy the case that you were performing a "worthwhile job"

I am sure some one here will recall the post.

Now, getting back to your point of question, as to getting an EU residence card or not getting one.
By getting one, you can feel more satisfied, that when you approach the UKBA in Calais, that they will give you almost no trouble or questioning at all, as you already have proved to the respective EU country of your choice, that you have provided the correct, and sufficient evidence, and proof, that you have exercised treaty rights in the country of your choice.

By not having a residence card of the country of your choice, when you turn up at UKBA in Calais, you will now need to prove to them, that you have exercised treaty rights, by living and working, displaying all the proof, etc, that as a couple, you have performed the requirements of Settled Status

Assuming the UKBA are content, and happy with all your 3 months of evidence, and proof, etc, that you have lived and worked in whatever country it was, then they will reveal their red A1 stamp, and stamp your non-EEA partner/wife's passport.
This then allows her (him) to board the ferry, and enter UK.

From my understandings, and readings here, I feel it is safe to simply turn up at UKBA in Calais, with your bundle of evidence, and a statement that you wish to utilize the Settled Status route for your non EEA wife partner to enter UK.
You would be wise to prepare for delay, and time to prove to UKBA, that your documents are all in order, and your treaty rights have been for-filled.
This may take 1 hour, 2 hours, 3 hours, or whatever, who knows.
The more proof, you have, the more difficult it would be for UKBA to dis-prove you.

GW

[Gobaith]

Entered UK via Calais/Dover this morning. Passport checked at Calais UKBA Check Point for EEA FP (which was then stamped by the way) and waved through.

Good to hear. How long had you been working in France for? So you'd recommend going back into the UK via Calais with an EEA Family Permit, yes?

[Gobaith]

Thanks UK Forever for your answers-very helpful.

I'm happy to report that I got a job in France and will be moving there next week.

If you had to choose entering the UK via ferry o'r entering by plane, which one would you choose?
Which one is ultimatley easier and less hassle?

I've heard that some non-EEA spouses have been refused entry onto their flights to the UK from the EU country they've been living in.

If I did choose to enter via Calais/Dover without an EU Family Permit, what documents would I need to show the Border Agents to get my wife into the UK?

Would my payslips from my employment in France and any evidence that me and my wife had been living in France together
e.g. an utility bill with both of your names on it, and our marriage certificate be enough?

Based on the link you send me related to ex-immigration minister Damian Greene's comments on Singh, showing them a Residence card from France won't help much, no?

It seems also that based on Damian Greene's comments, that UK border agents prefer you to show them an EU Family permit when trying to enter the UK?
Having this permit appears to facilitate entry back into the UK.

So based on Rozen's experience of re-entering the UK through Calais/ Dover with an EEA Family Permit without any problems, and the UK border agents' seeming preference for an EU Family Permit + the cheaper cost of going by ferry, it seems like that's the best way to do it.

Would my wife need to fill in a landing card when arriving at Calais for example? I take it that she wouldn't have to.

Thanks in advance.