Surinder/EU status.

[Humanity]

Hi All,

Kindly shed some insight to this. Surinder application was put in just over two years ago, application was put foward with (Mother ) as a direct dependent . Both application was refused on first instance , because dependent didn't not have a valid national passport 'then' and some nonsensical reason to refuse main applicant. This was clearly administrative error, a birth certifcate was provided then but refused. Dependent is currently present in UK, (no legal status).

Main applicant made a single application which was granted just over two years ago, without the dependent this time around. Dependent passport didn't come through in order to put both application forward again.

Present day,

Dependent has a national passport now, Main applicant status is still derived from EU treaty via Surinder.

Question is :

Since the British Citizen have made UK her main resident for the last two years, has she lost her protection under the EU Treaty?

Can the dependent still acquire any legal protection under EU treaty since , her son is still classed as EU Family Member via Surrinder ?

Thanks as always.

[noajthan]

This is not very clear.

What do you mean by a 'Surinder application' ? is it an application for: FP, RC, confirmation of PR, (citizenship, passport) ?

Who is 'main applicant' - is that a non-EEA depndent of a BC sponsor?

Who is 'dependent'? is that a non-EEA parent? (an in-law of BC sponsor)

What do you think is the significance of a BC spending 2 years in UK?
Or has someone had a prolonged absence from UK? if so, whom?

What is status of main applicant now?

By legal protection what are you trying to achieve? EU right to reside? plus RC, PR &/or etc?
Is it for both applicant & dependent or just for dependent?

[Humanity]

This is not very clear.

What do you mean by a 'Surinder application' ? is it an application for: FP, RC, confirmation of PR, (citizenship, passport) ?

Who is 'main applicant' - is that a non-EEA depndent of a BC sponsor?

Who is 'dependent'? is that a non-EEA parent? (an in-law of BC sponsor)

What do you think is the significance of a BC spending 2 years in UK?
Or has someone had a prolonged absence from UK? if so, whom?

What is status of main applicant now?

By legal protection what are you trying to achieve? EU right to reside? plus RC, PR &/or etc?
Is it for both applicant & dependent or just for dependent?

RC Application.

Main Applicant, spouse of BC sponsor. Non-EEA Dependent.

Dependent is the mother of Main Applicant, thus mother in law to sponsor. NON-EEA Parent

Main Applicant has residence card status, issued two years ago.

The Crunch is this, can the main applicant's mother still apply for RC as dependent on the son . Bear in mind that the Sponsor is British Citizen, and she has been residing continously with main applicant in Uk for the last two years. Is the British Citizen still classed as 'EU citizen' for the purpose of Freemovement.

In a nutshell, trying to legalise the main applicant's mother status under EU treaty as dependent.

[noajthan]

It's clearer now.

My understanding is the BC 'proxy EEA national' can sponsor any/all familymembers who were part of the SS journey via a.n.other EU memberstate.
The BC cannot sponsor all and sundry (as a true EEA non-British national could) as SS is a special case.

Did parent/dependent participate in the original SS sojourn?

If so, and there is still demonstrable dependency, and you have good supporting evidence, why not try.

[Humanity]

My understanding is the BC 'proxy EEA national' can sponsor any/all familymembers who were part of the SS journey via a.n.other EU memberstate.

Did parent/dependent participate in the original SS
sojourn?

If so and there is still demonstrable dependency and you gave good supporting evidence, why not try.

No she wasn't part of the journey (is that an outright refusal?) but as it stands now she is financially dependent on the family. She can't access the Labour market until her legal status is established. Thanks.

[noajthan]

No she wasn't part of the journey (is that an outright refusal?) but as it stands now she is financially dependent on the family. She can't access the Labour market until her legal status is established. Thanks.

According to my understanding, as dependent wasn't part of SS route & sponsor is only treated as EEA by SS case law overriding UK regulations, then it's a no go.

In other words, BCs cannot normally sponsor family under EU regulations.

But it'a a tricky area. See what other members contribute.

[Humanity]

No she wasn't part of the journey (is that an outright refusal?) but as it stands now she is financially dependent on the family. She can't access the Labour market until her legal status is established. Thanks.

According to my understanding, as dependent wasn't part of SS route & sponsor is only treated as EEA by SS case law overriding UK regulations, then it's a no go.

In other words, BCs cannot normally sponsor family under EU regulations.

But it'a a tricky area. See what other members contribute.

Thanks for your input .

[secret.simon]

No she wasn't part of the journey (is that an outright refusal?) but as it stands now she is financially dependent on the family. She can't access the Labour market until her legal status is established. Thanks.

For Surinder Singh to be engaged, two separate processes need to intersect.
a) The British citizen is in another EEA country exercising treaty rights as an EEA citizen in that country.
b) The family member joins him/her in that EEA country (to create or strengthen family life), while s/he is exercising treaty rights, and they return together to the UK.

Both these processes need to occur in unison, else Surinder Singh is not engaged. Also, SS will only apply to the specific family member who joined the British citizen in the EEA country. Once the British citizen is back in the UK, the specific family member can continue to stay with him under EEA law, but the entire process (of the British citizen moving to another EEA country, the next family member joining the British citizen there and the return together) would need to be repeated for each family member to come in through the Surinder Singh route.

If your mother did not join you in the EEA country and return with you, she is not covered by Surinder Singh, but is in the UK illegally and can be deported.

I would suggest applying for her under FLR(FP)/Article 8 at the very least, but be aware that that is a very hard route and you will be spending a small fortune for both the application and the court appeals.

[Casa]

@Humanity All of your questions so far on the forum appear to have been posted on behalf of third parties. Are you a legal advisor seeking advice for clients?

[noajthan]

@Humanity All of your questions so far on the forum appear to have been posted on behalf of third parties. Are you a legal advisor seeking advice for clients?

This seems to have been the end of humanity.

[Casa]

@Humanity All of your questions so far on the forum appear to have been posted on behalf of third parties. Are you a legal advisor seeking advice for clients?

This seems to have been the end of humanity.

"Silence can answer the question words may fail to answer." Ernest Agyemang Yeboah