Our Surrinder Singh route from Spain to the UK

[That Zimbo Lad]

Hi all

These boards contain so much helpful information and I thought it is only right that I share our own experiences of Surrinder Singh so far. I myself am from Zimbabwe and my wife and son are British passportholders.

Initially we were going to do Surrinder Singh in Ireland but we were on the receiving end of the delay on
accompany C visas. So we withdrew our application with INIS in February 2016 after waiting 6 months with no decision and applied for a Schengen instead. We did not apply under the directive for the Schengen, we applied as tourists and the visa was issued within 3 days at the French embassy in Harare Zimbabwe. For more information on how we got the Schengen visitors' visa feel free to browse my comments history.

We went to France for 2 weeks to decide between France and Spain but it seemed from what we saw and the enquiries we made that it would take longer in France so we went to Spain. We settled in Malaga, on the Costa. We arrived in Spain in March. By the end of March my wife, the EU citizen had registered with policia Nacional and got her N.I.E. (which is Foreigner's ID number) as well as self employed with Agencia tributaria as an autonomo. Her line of work was a beauty therapist and also an exporter of goods back to Zimbabwe to customers we had delt with before. That took a day. For a step by step guide see on Autonomo registration see http://www.advoco.es/advice/26-autonomo ... ation.html

We applied for EU citizens' residency after 3 months (in June) of working and paying social security- you need to register with the Spanish NHS for healthcare and for that autonomos are covered but you have to prove before registering that you have been keeping up with your social security payments. Requirements for EU residency can be found here. http://www.spainexpat.com/spain/informa ... y_members/.
Both EU citizens' residency cards was issued on the same day. May I add that requirements vary from region to region.

We booked for an appointment for non EU's residency on the Extranjeria website- https://sede.administracionespublicas.g ... io/icpplus. We applied mid June- they had a problem with our marriage certificate. They wanted it apostilled by the Spanish embassy from country of issue so we had to DHL it back to Zimbabwe to get it sorted. We got it back in September, submitted it and got a "favourable result" for Spanish RC a month later.

We then had to book an appointment at Policia Nacional to have biometrics taken for non-EU's Spanish RC on the 7th of October and we got the actual card 5 weeks later. We did not bother with family permit- you can only apply in Madrid and with having a little one it wasn't feasible to make the journey so we decided to just return to the UK with EU RC.

We flew with Ryanair and had no issues checking in. When we got to the border the Home Office questioned us as to why we didn't have a family permit and we said because we don't need one. They questioned me on my past immigration history and I pointed out that under EU law I don't have to answer 'immaterial questions'. They took my passport and did some checks, when they came back they tried to accuse me of 'going around UK immigration law' to which we pointed out we were doing nothing illegal. At that point I pulled out a sheet I had prepared incase they attempted to refuse me entry which required ECO's details, reasons for refusal, evidence presented to him to show that I had acquired free movement rights and he obviously refused to sign it.

He went away again to speak to his Supervisor, she then took over and said to us "he is just following procedure" and gave me a 6 month stamp "Admitted to the UK under EEA regs for 6 months". The whole process at the border took about half an hour. So now we are in the UK and intend to apply for a UK residence card.

We believe our centre of life and work evidence is strong enough and we will see how that goes especially with the new rules that came into force on the 25th of NOvember. I have no intention of submitting my residency card and passport with my application as I have read of the Home Office illegally witholding passports of EU family members and besides, we will need to travel to France to see family and I don't fancy dealing with Home Office bureaucracy of trying to request documents back and probably never getting them in time until legal proceedings. Right now we are just settling in again and sorting out accommodation back in the UK etc.

Hope this helps others.

[noajthan]

An inspiring and helpful case. And what a story to tell the grandchildren one day.

Good to see how you faced and overcame

• Irish issues;
  Spain apostille issues;
  budget airline issues

in a textbook fashion.

[That Zimbo Lad]

An inspiring and helpful case. And what a story to tell the grandchildren one day.

Good to see how you faced and overcame

• Irish issues;
  Spain apostille issues;
  budget airline issues

in a textbook fashion.

Thank you for your response and I am glad you found it inspiring. Yes there has been alot of challenges along the way and it hasn't been easy. We are still not out of the woods just yet as there are still a few more hoops we need to get through but this time I believe we are well equipped to fight the Home Office from within and realise our rights not under their terms [of national immigration law] but under EU terms. I am sure we have ample time to get it resolved in time before Brexit.

[mkhan2525]

I have no intention of submitting my residency card and passport with my application as I have read of the Home Office illegally witholding passports of EU family members

It's worth noting from the guidance you will fail the identity stage if you do not submit valid passports.

Evidence of identity
The application must include evidence of identity and nationality for both the applicant and the British citizen sponsor. This should be in the form of valid passports.

If there is not sufficient evidence of identity or nationality, you must refuse the application.

[Jane20231]

Hey That Zimbo Lad Congratulation,

Did they asked you the Tenancy agreement, Payslips, and also did you mention that you are taking SS Route ??

[That Zimbo Lad]

I have no intention of submitting my residency card and passport with my application as I have read of the Home Office illegally witholding passports of EU family members

It's worth noting from the guidance you will fail the identity stage if you do not submit valid passports.

Evidence of identity
The application must include evidence of identity and nationality for both the applicant and the British citizen sponsor. This should be in the form of valid passports.

If there is not sufficient evidence of identity or nationality, you must refuse the application.

Thank you for your input.

However under Paragraph 29 A of the EEA regs it states:

"the supporting documents submitted must be accompanied by an original, valid passport, travel document or national identity card issued to the applicant and to any dependents included in the application.

The requirement to provide an original, valid passport, travel document or national identity card is a mandatory requirement otherwise the application will be rejected as invalid. The Secretary of State considers that there is a good reason beyond the control of the applicant or (as the case may be) the dependent, given in or with the application, why an original, valid passport, travel document or passport cannot be provided"

Reasons I shall give for not submitting my passport:
- Right to rent rules introduced by the Home Office require me to prove my immigration status
- I need to exchange my Zimbabwean driver's license with DVLA who again will want my original passport confirming my residency status
- I will also explicitly quote the directive 20004.38.EC and Article 3 of Directives 68/360 and 73/148 and Regulation 2317/95, "read in conjunction with the principle of proportionality, refusals of applications due to failure of submitting a valid identity card or passport or where he is able to prove his identity through other means and the conjugal ties."

I mean when we where in Spain Extranjeria (Immigration) never held my passport during the time my application was being assessed yet the Home Office insists otherwise. That is just abusing their powers in my opinion and I do not want to give them that opportunity. I am open to correction if I have not understood the law properly.

[That Zimbo Lad]

Hey That Zimbo Lad Congratulation,

Did they asked you the Tenancy agreement, Payslips, and also did you mention that you are taking SS Route ??

Hi. They were more concerned with my wife's proof of work and my Spanish residency card but we had all that information in the folder just in case it was requested.

[noajthan]

I have no intention of submitting my residency card and passport with my application as I have read of the Home Office illegally witholding passports of EU family members

...

Reasons I shall give for not submitting my passport:
- Right to rent rules introduced by the Home Office require me to prove my immigration status
- I need to exchange my Zimbabwean driver's license with DVLA who again will want my original passport confirming my residency status
- I will also explicitly quote the directive 20004.38.EC and Article 3 of Directives 68/360 and 73/148 and Regulation 2317/95, "read in conjunction with the principle of proportionality, refusals of applications due to failure of submitting a valid identity card or passport or where he is able to prove his identity through other means and the conjugal ties."

I mean when we where in Spain Extranjeria (Immigration) never held my passport during the time my application was being assessed yet the Home Office insists otherwise. That is just abusing their powers in my opinion and I do not want to give them that opportunity. I am open to correction if I have not understood the law properly.

If a gung ho caseworker did anything illegal you would have legal recourse.

Those reasons may or may not be seen as being outside your control. You could perform those activities before or after making your application.
You may face rejection in first place and then face lengthy appeal process.

[_Angel_]

At that point I pulled out a sheet I had prepared incase they attempted to refuse me entry which required ECO's details, reasons for refusal, evidence presented to him to show that I had acquired free moveme

What a wonderful story. Do you mind sharing this sheet with me please.

[That Zimbo Lad]

At that point I pulled out a sheet I had prepared incase they attempted to refuse me entry which required ECO's details, reasons for refusal, evidence presented to him to show that I had acquired free moveme

What a wonderful story. Do you mind sharing this sheet with me please.

Date:
Home Office Reference number:
Entry Clearence Officer Name:
Entry Clearence Officer Passport Number:
Time Entered Detention:
Time Exited Detention:
Persons requiring UK Entry Clearence:

DOCUMENTS PRESENTED:
- This document: Template of reasons for refusing entry
- Passports of all three aforementioned people
- Residency cards of all three aforementioned people, issued by Spain
- Birth certificates of all three aforementioned people
- Article 10 Residency card accompanying documentation during application process
- Original, legalised, marriage certificate
- Residence Card of non-EU citizen
- Directive 2004/38/38EC
- UK Border Force operations manual
- ECJ court case ruling McCarthy vs Secretary of State of the Home Office (Case C-202/13) Article 10 RC used on entering other member states
- http://www.whatdotheyknow.com Freedom of Information request regarding Article 10 residence Card
- ECJ court case ruling MRAX vs Kingdom of Belgium (Case C-459/99) : entering member states without required visas
- ECJ court case ruling Raducan vs Minister of Justice (Eire), unlawful detention of EU family member

- Proof of EU citizen exercising treaty rights:
Registration as self employed at Agencia Tributaria Spain
Outsourcing export work contract
Social security number: Issued by Ministerio De Empleo y Seguridad Social
Invoices of proof of work (Beauty X 8 invoices) (Export X 8 invoices)
Tax return dated 31 October 2016
Social Security Payments (April 2016-October 2016)
Boletín Oficial Del Estado Autonomos Guide

- “Centre of Life” as per Home Office UK Border force requirements:
Air tickets of flying into Spain for all three aforementioned people
Rental contract and proof of payment
Utilities- Movistar, Emambesa and Endesa (broadband, electricity and water)
Health card for EU citizen and family

UK BORDER FORCE REASONS FOR REFUSING ENTRY:











Signed Off by the Parties:
XXX (Passport no. XXX)

XXX (Passport no. XXX)

UK Border Agency Entry Clearence Officer/Border guard (Passport ) (Work/Border Id card no.)

[That Zimbo Lad]

@noajthan Thanks for that. I will face a lengthy process trying to get them to release it should they decide to withhold my passport while deciding on my application. So I will weigh the pros and cons of whether its worth fighting the application on the stated basis above as well as contact SOLVIT but as I said I am right now leaning towards not handing them my passport and residency car especially with the new rules they have just introduced.