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Surinder Singh route

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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aussiebrit
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Posts: 4
Joined: Thu Jun 30, 2016 2:54 pm

Surinder Singh route

Post by aussiebrit » Sun Jul 10, 2016 3:24 pm

Hi,

I need some advice. I am an Australian married to a British citizen. I am still on a visa and do not have ILR. I would like to bring my parents and sister to the UK as I will need their help with the baby so I can return to work. Immigration for non-EU citizens is not easy and we have experienced that first hand with myself. We've only become aware of the Surinder Singh route recently.

What would we need to do to bring my parents to the UK? They have Australian citizenship and are aged 56 and 54 and my sister is 22?

Regards

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Surinder Singh route

Post by noajthan » Sun Jul 10, 2016 3:27 pm

aussiebrit wrote:Hi,

I need some advice. I am an Australian married to a British citizen. I am still on a visa and do not have ILR. I would like to bring my parents and sister to the UK as I will need their help with the baby so I can return to work. Immigration for non-EU citizens is not easy and we have experienced that first hand with myself. We've only become aware of the Surinder Singh route recently.

What would we need to do to bring my parents to the UK? They have Australian citizenship and are aged 56 and 54 and my sister is 22?

Regards
Go and live in Europe with them all whilst BC sponsor works there and supports you.
You need to demonstrate all family members are dependent on you/sponsor.
You need to demonstrate centre of life has shifted to the other EU memberstate.

Parents (direct family members) need to show they depend on you for essential daily needs.
Sister (extended family member) needs to show similar dependency and/or membership of sponsors' household.

Move fast as Brexit is coming.
On return to UK (in say a year or so) family and you can apply for residence cards in UK.
(As an EFM that's mandatory for sister, optional for you and parents).

After 5 years residence in UK you would in theory acquire the holy grail of settled status (PR).
Ofcourse with Brexit looming there won't be time for all that now. But you may get part way there.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

aussiebrit
Newly Registered
Posts: 4
Joined: Thu Jun 30, 2016 2:54 pm

Re: Surinder Singh route

Post by aussiebrit » Sun Jul 10, 2016 4:21 pm

noajthan wrote:
aussiebrit wrote:Hi,

I need some advice. I am an Australian married to a British citizen. I am still on a visa and do not have ILR. I would like to bring my parents and sister to the UK as I will need their help with the baby so I can return to work. Immigration for non-EU citizens is not easy and we have experienced that first hand with myself. We've only become aware of the Surinder Singh route recently.

What would we need to do to bring my parents to the UK? They have Australian citizenship and are aged 56 and 54 and my sister is 22?

Regards
Go and live in Europe with them all whilst BC sponsor works there and supports you.
You need to demonstrate all family members are dependent on you/sponsor.
You need to demonstrate centre of life has shifted to the other EU memberstate.

Parents (direct family members) need to show they depend on you for essential daily needs.
Sister (extended family member) needs to show similar dependency and/or membership of sponsors' household.

Move fast as Brexit is coming.
On return to UK (in say a year or so) family and you can apply for residence cards in UK.
(As an EFM that's mandatory for sister, optional for you and parents).

After 5 years residence in UK you would in theory acquire the holy grail of settled status (PR).
Ofcourse with Brexit looming there won't be time for all that now. But you may get part way there.

Thank you!

I should also mention my husband is a Cypriot citizen, would that make the process easier?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Surinder Singh route

Post by noajthan » Sun Jul 10, 2016 4:33 pm

aussiebrit wrote:Thank you!

I should also mention my husband is a Cypriot citizen, would that make the process easier?
Not really, you will still have to go to another memberstate in Europe (not Cyprus) as dual national BCs are not recognised as EEA nationals in UK;
that means hubby's Cypriot-ness won't be recognised for this purpose in UK.
And that is why a British citizen has to go abroad to invoke Surinder Singh case law in order be treated as a proxy EEA national on their return to UK.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Surinder Singh route

Post by Casa » Sun Jul 10, 2016 4:44 pm

You might find this article by Freemovement.org helpful. A residence of more than 3 months may now be required, due to a toughening approach to Surinder Singh by the Home Office.

https://www.freemovement.org.uk/surinde ... ion-route/
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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