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EEA2 Surinder Singh 3 Month Success Story

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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alex98uk
Junior Member
Posts: 65
Joined: Tue Jan 17, 2017 9:37 pm
Chile

EEA2 Surinder Singh 3 Month Success Story

Post by alex98uk » Tue Jan 17, 2017 9:54 pm

Hello all, very useful website!

For context, my girlfriend and i live in Germany together. I'm British, she is Chilean. She lived here 5 years, myself 3. We lived together for 2 years and have always been employed in the IT sector. We want to get married, then at a later date, to go to that UK to live.

I believe the Surrinder Singh route is the best way due to decreased costs. I am confused in some aspects and wondered if someone could clear them up:

* Our goal would be to live and work in the UK for the foreseeable future. If we get the Surrinder Singh authorised, where does this leave us in terms of visa. Do we need to then apply for another visa in the UK? Or, can we live for 5 years on the Surrinder singh authorisation and then apply for leave to remain after 5 years? I just don't understand what the next steps are after arriving in the UK via Surrinder singh.

* Is it necessary to get a solicitor? Is the process easy enough for 2 people to do, or do we need professional help?

* Is the application turn around time known?

* If after 2 years of living in the UK we want to start a family, would my girlfriend have access to the NHS?

I'm basically confused as to what the SS route actually means once you're in the UK and want to stay for life.

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

Re: EEA2 Surinder Singh 3 Month Success Story

Post by noajthan » Sat Jan 21, 2017 1:48 pm

alex98uk wrote:Hello all, very useful website!

For context, my girlfriend and i live in Germany together. I'm British, she is Chilean. She lived here 5 years, myself 3. We lived together for 2 years and have always been employed in the IT sector. We want to get married, then at a later date, to go to that UK to live.
...

I just don't understand what the next steps are after arriving in the UK via Surrinder singh.

* Is it necessary to get a solicitor? Is the process easy enough for 2 people to do, or do we need professional help?

* Is the application turn around time known?

* If after 2 years of living in the UK we want to start a family, would my girlfriend have access to the NHS?

I'm basically confused as to what the SS route actually means once you're in the UK and want to stay for life.
1) Go to UK. A FP for spouse may smooth the way.
Otherwise spouse travels under auspices of German Article 10 RC.

As per recent changes to UK EEA Regs, you as sponsor now appear to have to exercise treaty rights in UK;
(Eind case law disregarded if not blown out of water).

Spouse applies for optional RC. If requirements are met, including passing UK-specific centre of life test, a RC should be issued.
Live your life.

2) No. Yes. No.
Its not easy but you can do it if organised, methodical and have kept an adequate body of documentary supporting evidence.
(If you have not a solicitor cannot help you anyway).

With Brexit looming noone (starting out now) has time to acquire PR in UK in the normal way;
it would be temporally impossible as UK is unlikely to be in EU in 5 or so years time.

Does fiance/spouse you have any adverse UK immigration history :?:
:!: If so be aware of EEA Regs changes vis a vis SS.

3) Maybe 4 or 6 months or more.

Track in timeline topic.
Your mileage may vary ofcourse.

4) What is this 2 years limit?
UK are not Philistines; EEA family members can use NHS.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
Moderator
Posts: 11258
Joined: Thu Feb 21, 2013 9:29 pm

Re: EEA2 Surinder Singh 3 Month Success Story

Post by secret.simon » Sat Jan 21, 2017 3:19 pm

Be aware that as the SS route is a part of EU law and not UK law, it will cease to exist at or soon after Brexit (the end of Brexit, in 2019 approximately). So get your skates on.

Post-Brexit, your significant other will be at the mercy of any transitional provisions under UK law and you will have to meet the relevant requirements then for either PR or ILR, as the law may provide at that point in time.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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