Significant portion of Regulation 9 ruled unlawful

[mak35]

Hi guys,

According to the changes that came in effect on 25 Nov 2016, Is the British Citizen now required to be a qualified person on his return to UK?

[MrSlyFox]

Further confirmation that the new regulation Nine requires the British Citizen to be qualified person just like an EEA National as the uk.gov website for applying for a residence card eligibility has been updated to state:

To be eligible, your British family member must either have the right to permanent residence in the EEA country where you lived together, or provide proof that they were one of the following there:

working, self-employed or self-sufficient - for example employer’s letters, wage slips, contracts, bank statements or proof of tax registration
studying - for example proof of enrolment and attendance

They must also work, study, look for work, or be self-employed or self-sufficient in the UK.

Source: https://www.gov.uk/apply-for-a-uk-resid ... ligibility

[mkhan2525]

The charity BritCits has setup a donation site towards funding for a legal challenge in regards to the unlawful changes to Surinder Singh (Regulation 9 of EEA Regulations 2016).

There is a ray of hope the rules will be challenged.

[expatbg123]

I am a non-EU and I am wanting to apply for PR by EEA4 in UK under Surinder Singh.
My spouse is UK citizen and I came to UK on Family Permit (2011) shortly after obtained RC. Both were issued as he had a company in Bulgaria owning one property. He did not take a salary from his company but took money out when needed shown in accounts as returning initial investment.
The new EEA4 form states that evidence of sponsor's employment or self-employment but how can this be proved? He can provide online bank statements and yearly accounts but this shows payment/registration of taxes as a company not as a self employed company and we were in Bulgaria for 10 months after which there has been few transactions in the Bulgarian company bank account.
When we applied for the EEA2, he wrote a letter stated that he employed himself which they accepted at the time as he is and was the only employee of his company.
None of this was required before and FP and EEA2 RC was issued. On this basis can they refuse PR if treaty rights cannot be evidenced?

[Preeyaphat]

Please could somebody offer sound information, and or guidance on my situation.
My wife is Thai. I'm a British citizen. We have a 3 year old daughter ( she has a British passport).
I failed the visa requirements for my wife to get a residency permit. I'm self- employed as a builder. I own my own home. Have no mortgage. Have no debts. My profits net were above the 18600. Unfortunately my accountant put net allowing for capital allowances. He wrote a covering letter to show that by UK law I'd earned 21060 but that he'd exercised my right to these deductions. In any event despite been more fortunate than some who can't get past this extortionate 18600 rule, I'm in the same position as many here.
I'm considering moving to Ireland. Would I need to sell my house in the UK. Say for example if things didn't work out in Ireland? I'm clueless as what to do, I've heard that I can move to Ireland and then have my wife and child move over. So what would happen if they moved to Ireland and say i ran out of money through lack of work. Could i seek benefits there in the event of an injury for example. Could I return to the UK with my family? Please can somebody advise, Thank You

[tina_tan]

Permission to post:

I'm Tina from Davao Philippines. I am married to a Portuguese national last April 2017 through a civil wedding, and that was our first met and got married. We have been dating online for a year and fell in love until we got married.
My husband stayed here in my house for 60 days prior to our marriage. When he got back to United Kingdom since he lives there for 18years as a Portuguese citizen and to make the story short, I applied for a Family Permit or EEA to U.K. we hired an angecy to process my credentials, I provided everything that is required by the EEA as per request by my agent who process visas abroad. I applied last June 2017 thinking that I may know the result within 15 to 30 working days. Now the Sheffield have received my credentials which is the EEA requirement last 25th of July and return our credentials mine and so as my husband straight to his given address.
My concern is,my passport is in U.K embassy of Manila Philippines and it's 23rd of Nov.now and I have not receive any emails from the U.KVISA. I am worried since it has been like 4 months from the day they received my document and yet they didn't send me any information about my application for EEA to U.K.
Does anyone experience this? Please enlighten me on how to deal with this since im starting to lose hope. I want to spend Cristmas with my husband. I do not know if the result is granted or refused. Whenever my husband converse with me over the phone it made me cry and hopeless and he pity me because he has no idea either what's going on with my visa. Until we agreed that we will think optimistly,what else can we do? So, we prayed a lot and think positively and patiently.
Thank you for your precious time reading my concern

Tina Tan
Philippines

[Anjalee]

how will change EEA fm. weblink to FB Group page removed by moderator

[mufc69]

I think the TRANSITORY PROVISIONS changes only affect made on or after25th November 2016?

2. Between the coming into force of the provisions covered by regulation 1(2)(a) and the coming into force of the remaining provisions covered by regulation 1(2)(b) an application under the 2006 Regulations for—

(a)an EEA family permit;
(b)a registration certificate;
(c)a residence card;
(d)a document certifying permanent residence;
(e)a permanent residence card; or
(f)a derivative residence card;
made but not determined before 25th November 2016 is to be treated as having been made under the 2006 Regulations, as amended by paragraph 1 of this Schedule.

Not as per my plain English reading. Let me translate that quote a little bit, the way I understand it.

2. Between [25th November 2016 and 1st February 2017] an application under the 2006 Regulations for [a document under the EEA Regulations]
made but not determined before 25th November 2016 is to be treated as having been made under the 2006 Regulations, as amended by paragraph 1 of this Schedule.

So, any SS application made before 25th November, but not decided by that date, would be decided by paragraph 1. If you read it up, paragraph 1 is identical to the new Regulation 9.

So, all the HO has to do (and may already have planned on doing) is sit on all SS applications till 25th November and then apply the new SS regulations.

Remember that I am not a lawyer and I am sure that they would correct me (in pretty sharpish language) if I am far wrong.

Hello, if a residence card application was made before November 2016 does that mean the application for PR would be based on the the old regulation and meaning that the British citizen does not have to show they are qualified person, ie working etc?

[Obie]

The Tribunal has finally got its act together and deal with this unlawful surinder situation in regulation 9. Just a shame it came in 3 years later.

ZA (Afghanistan), well and truly over due.

https://moj-tribunals-documents-prod.s3 ... nistan.doc

[Obie]

New Surinder Singh ruling but no need to panic, giving the facts of that case, it was bound to fail.

It does not affect the Upper Tribunal's decision in ZA, irrespective what presenting officers will try to say at the Tribunal.

Kaur & Ors v Secretary of State for the Home Department [2020] EWCA Civ 98 (07 February 2020)

[Richard W]

The Tribunal has finally got its act together and deal with this unlawful surinder situation in regulation 9. Just a shame it came in 3 years later.

ZA (Afghanistan), well and truly over due.

https://moj-tribunals-documents-prod.s3 ... nistan.doc

Does this ruling affect the interpretation of Regulation 9 of the EEA Regulations 2016 in the context of the EU Settlement Scheme? I can't work out whether Appendix EU imports the actual wording or rather its meaning in the light of EU law. In the context of EU law, Regulation 9 will rarely be relevant to beneficiaries of the Withdrawal Agreement.

[Richard W]

The Tribunal has finally got its act together and deal with this unlawful surinder situation in regulation 9. Just a shame it came in 3 years later.

ZA (Afghanistan), well and truly over due.

https://moj-tribunals-documents-prod.s3 ... nistan.doc

Does this ruling affect the interpretation of Regulation 9 of the EEA Regulations 2016 in the context of the EU Settlement Scheme? I can't work out whether Appendix EU imports the actual wording or rather its meaning in the light of EU law. In the context of EU law, Regulation 9 will rarely be relevant to beneficiaries of the Withdrawal Agreement.

Correction:
In the context of the EUSS, Regulation 9 will rarely be relevant to beneficiaries of the Withdrawal Agreement, so EU law might not be relevant.

[Obie]

The Case law will continues to be relevant to surinder since cases under the settlement scheme.

[Obie]

Home Office has finally removed centre of life requirements from his guidance.

https://www.gov.uk/government/publicati ... h-citizens

Shame it took over 6 years since I started this thread, and my prediction it will not stand the test of time, for the Home Office to finally remove it.

[djweeble]

Fantastic news....... eventually.....

[vinny]

No need to be a “qualified person” to use the Surinder Singh route > HK v SSWP (PC) [2020] UKUT 73 (AAC) (11 March 2020).

[Obie]

No need to be a “qualified person” to use the Surinder Singh route > HK v SSWP (PC) [2020] UKUT 73 (AAC) (11 March 2020).

Saw it Vinny, too little too late i will say.

Saw many cases where the so called independent Tribunal dismissed appeals, unfortunately.

Any person who knows a thing or two about the law, knew that requiring British citizens to be a qualified person is utter boll**ks.

Shame it tooks nearly 4-5 years for that conclusion to be reached by the judiciary.

[djweeble]

My wife was refused admission 4 times using the "Center of Life" requirements..... I got her in eventually through Holland - Harwich route, Border Force there put her on Immigration Bail, which we fought hard and kept getting extended.

I had tried in vain to get her refusals overturned, but had no success, they stuck to their "requirements".
I was about to go through the legal routes with all their incurred expenses, but after hearing that it had been dropped from the guidance I contacted my MP, who passed our complaint directly to Parliamentary Under Secretary of State (Minister for Future Borders and Immigration) Kevin Foster MP.
He then passed it on to the proper channels, and after a bit of too-ing and fro-iing by email, we got my wife's passport back yesterday, with the EEA Dependent ink stamp.

Happy days.

[Obie]

Great news for you, but you have an incountry right of appeal against a refusal of admission.

[djweeble]

Yes, I knew about that, but try telling Border Farce, they were insistent that we could only appeal from outside the UK.

Anyway, it's done now, and we move onward towards her Settled Status and eventually to citizenship and a UK passport.

More minefields to navigate