October 2013 Uk Spouse Visa And Eea 2006

[AngryParent]

Can anybody please assist regarding these matters:

1. From October 2013 the English language requirements for settlement is a B1 pass (which is much harder than it is now). Does anyoby know if this will also affect the initial spouse visa?

2. The UKBA website has a mention regarding some recent changes to EEA family migration: http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/july/26-eea-regulations Does anybody know if this will affect EEA family permits i.e. is there any change related to Surinder Singh EEA family permits?

3. Does anybody know if there are any legal challenges to the current NEW UKBA spouse/family visa regulations.

Thanks!

[7by7]

1) The changes to the language requirements effective from October 2013 are for ILR applications. That for initial visa and FLR applications as a spouse, civil partner, unmarried partner, fiance(e) or prospective civil partner will remain as present.

2) From your link

These changes will affect:

• primary carers of self-sufficient EEA national children;
  
• children of EEA national workers or former workers where the child is in education in the UK;
  
• primary carers of children of EEA national workers or former workers where that child is in education in the UK; and
  
• dependent children under the age of 18 of the primary carers in each of the categories listed above.
  

3) I don't, but would be interested to hear of any and their eventual outcome.

[AngryParent]

2) From your link

These changes will affect:

• primary carers of self-sufficient EEA national children;
  
• children of EEA national workers or former workers where the child is in education in the UK;
  
• primary carers of children of EEA national workers or former workers where that child is in education in the UK; and
  
• dependent children under the age of 18 of the primary carers in each of the categories listed above.
  

Thanks for the answer to question 1.

I had read the above for question 2. Do you know how that impacts Surinder Singh EEA family permits? If one brings a child, that child will be in education and as such...?

Yes I agree, it would be nice to hear about question 3.

[7by7]

As we had a lengthy argument a while back where you claimed to know all there is to know about EEA rulings and regulations, including Surinder Singh, and that all those who disagreed with you, which was everybody except a now banned troll, were wrong and you were right; I'm surprised that you have to ask the question.

Unless this is yet another topic where you ask a question so that you can then attempt to prove those who answer you are wrong and you are right!

[Eff1n2ret]

Unless this is yet another topic where you ask a question so that you can then attempt to prove those who answer you are wrong and you are right!

I hope not, but if the OP is genuinely seeking information rather than an argument (in which I will not participate), the answer is this:-

The changes in the 2006 EEA Regulations which came into force on 16th July last should not affect 'Surinder Singh' cases - i.e. UK nationals who have exercised their EEA Treaty Rights to live and work in another EEA country accompanied by their non-EEA Family Members continue to have the right to relocate to the UK with those Family Members under EEA Regulations rather than the UK Immigration Rules. This right is preserved in Section 9 of the 2006 Regulations.

However, there is one change which is not mentioned in the UKBA news item linked by the OP and which would affect some TV members who have posted in the past, if they were new applicants. These are UK nationals who also hold another EEA nationality - in the past, although they might have lived their entire life in the UK they could take advantage of their other nationality to enable their Family Members to make an EEA application to come to the UK. These were the so-called 'McCarthy cases'. This is a route barred to new applicants w/e/f 16th October, and such dual nationals are henceforth in the same position as all other sole UK nationals, in that their family members will have to apply for UK settlement or visit visas, unless they also go the 'Surinder Singh' route.

[AngryParent]

@Eff1nret

So, to clarify, if I was to do a Surinder Singh from Thailand to another EU country, then work there for some time and then apply for EEA family permits for the wife AND son, all should be OK and this new change will not affect them? Also, if the son then goes into primary school in the UK, he will still be able to live in the UK (there is a big mention about children and eductation)?

Can someone give some examples of people/situations who WILL be affected by this change that mentions children of EEA nationals (isn't that the "status" of Surinder Singh family permits i.e. they are treated as EEA nationals) in UK education.

Thanks.

Edited September 30, 2012 by AngryParent

[Eff1n2ret]

So, to clarify, if I was to do a Surinder Singh from Thailand to another EU country, then work there for some time and then apply for EEA family permits for the wife AND son, all should be OK and this new change will not affect them? Also, if the son then goes into primary school in the UK, he will still be able to live in the UK (there is a big mention about children and eductation)?

Can someone give some examples of people/situations who WILL be affected by this change that mentions children of EEA nationals (isn't that the "status" of Surinder Singh family permits i.e. they are treated as EEA nationals) in UK education.

Thanks.

The Surinder Singh rights remain exactly as they were. If you do as you describe, and your wife and son live with you in another EEA state they would subsequently be entitled to EEA Family Permits and then follow the route through Residence Card and Permanent Residence to British Citizenship.

Most of the recent changes seem to affect what UKBA calls "derived rights", i.e. the rights conferred by European Court judgements rather than the original 2004 European Directive, and are therefore not enshrined in the UK's 2006 Regulations. I'm no expert on these derived rights but as best I understand it they affect non-EEA parents or carers of children who have some right to reside in the EEA. The rights of the carers can extend only as long as the child is in education or under 18, and do not lead to an entitlement to Permanent Residence.

Perhaps someone else can explain it more fully.

[VisasPlus]

Here is a little on derived rights. There is apparently a test case being heard at the Upper Tribunal on 9th October.

http://www.freemovement.org.uk/2012/06/26/amendment-to-eea-regulations/

[pilgrim2505]

I am rather keen to understand some of these changes too...

I am a dual national Brit/Dutch and my Thai wife came over in Feb 2008 on an EEA family permit, I believe that this would be impossible now [ ref EUN2.16 ] as we wouldn't technically be exercising treaty rights?

With that in mind I was about to apply on an EEA4 for a residency permit BUT I wonder if it might be possible to change tack, present my wife as resident for 5 years, married to a British citizen and then avoid/skip a year [ You should have held permanent residence status for 12 months before you apply for naturalisation. Standard reqs for naturalisation ]

Thoughts? I don't want to apply without assurance that I can as the fee is rather hefty!

[bangkockney]

3) A challenge was heard early Feb of this year in Birmingham. AFAIK, judgement hasn't been delivered yet.

Edit: oops, only just noticed this was bumped but with a different question.

Edited March 18, 2013 by bangkockney

[pilgrim2505]

I am rather keen to understand some of these changes too...

I am a dual national Brit/Dutch and my Thai wife came over in Feb 2008 on an EEA family permit, I believe that this would be impossible now [ ref EUN2.16 ] as we wouldn't technically be exercising treaty rights?

With that in mind I was about to apply on an EEA4 for a residency permit BUT I wonder if it might be possible to change tack, present my wife as resident for 5 years, married to a British citizen and then avoid/skip a year [ You should have held permanent residence status for 12 months before you apply for naturalisation. Standard reqs for naturalisation ]

Thoughts? I don't want to apply without assurance that I can as the fee is rather hefty!

I am actually disgusted at the UKBA again! Why dont they make a point to DIRECTLY tell people about policy changes that will effect them! W******s!!

I wouldnt have bothered renewing a dual passport if I had known this, and at the end of the day, I am exercising my right to live where I choose, I am using my ability to move freely through the EU and have my family with me and think this is an infringement of my rights!

I still don't know if its 5 years or 6 (5+1yr on a permi card), as I have no rights as an EU citizen I would hope that I now can present myself as British and my Mrs as being here for 5 yrs...