Some new clarification on the "Surinder Singh" route to residence in the UK

[ThaiVisaExpress]

There have been various threads on how the "Surinder Singh" route to residence in the UK is currently being interpreted by the Home Office. Basically, it employs the EU freedom of movement regulations that allow a British citizen to bring his partner to the UK for residence, after they have "lived" in an EU country, without having to meet the current financial ( and other ) requirements of the immigration rules. Very recently the Home Office interpreted the EU regulations as requiring the British citizen sponsor to show that he had moved his "centre of life" to another EU country before being able to use the freedom of movement regulations to "move back" to his own country. Conditions impose by the Home Office included :

(a) P is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom;
(b ) if the family member of P is P’s spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in the EEA State before the British citizen returned to the United Kingdom; and
© the centre of P’s life has transferred to the EEA State where P resided as a worker or self-employed person.

A very recent judgment from the Grand Chamber of the Court of the European Union has now given greater clarity to the amount of time that the sponsor must spend in another EU country before being able to "return" to his own country with his non-EU partner. There are other important aspects to the judgment too. Basically, the judgement says :

1. A residence period of three months is required (para 54)

2. Weekend visits and holidays do not count as residence for this purpose (para 59)

3. Any citizen of the Union can potentially benefit from this right, not just workers and the self employed (references to Article 7 of Citizens Directive 2004/38 , e.g. para 56, and to Article 21 of the TFEU, e.g. para 54)

4. During the period of residence family life must have been “created or strengthened” (para 51)

5. Abuse is impermissible (para 58)

Obviously, the period of residence is important, and the Court has finally put a period of time in a judgment. Presumably, the Home Office wil now have to abide by this judgment. Further detail, and clarification, can be found at :

http://www.freemovement.org.uk/2014/03/26/surinder-singh-immigration-route/#more-12225

Tony M

Edited March 26, 2014 by ThaiVisaExpress

[HarryCM]

Thanks for posting this.

I almost followed the Surinder Singh route, but opted against it due to the uncertainty whether 3 or 6 months residence in an EU country would be adequate.

Point 3 is interesting. If you don't have to work I may be taking a 3-months European holiday if my wife's visa application is refused.

[r4b]

Interesting indeed. I am now wondering as i live in the North of Ireland (uk) and have a British passport could i use this route to bring my wife to the uk if i obtain an Irish passport which i am allowed to do and still reside in the north of ireland (uk). If it says as mentioned in #3 then working and adequate maintenance would not come into effect or would it ?.

[7by7]

Following the McCarthy judgement in 2011 it is no longer possible for someone who holds two (or more) EEA citizenships to use nationality A to have their non EEA family members live with them in country B.

Unless they have previously lived in country A.

To put it into context: as a dual Irish/British citizen, you cannot use your Irish citizenship to bring your wife to the UK using the EEA regulations unless you have at some time in the past lived in the Republic.

Using the Surinder Singh route means you would not need to confirm your Irish nationality nor apply for an Irish passport; but the two of you would need to live together in the Republic (or any other EEA state) for at least three months while you exercised a treaty right (it used to be that you had to be working; but from the OP that now seems to have changed).

Whilst there is no specific financial or accommodation requirement, those using the EEA regulations to bring non EEA national family members to the UK (or any other EEA state) do need to show that they can support and accommodate themselves without being an 'unreasonable burden' upon the state.

I have yet to find an official definition of 'unreasonable burden.'

[r4b]

Following the McCarthy judgement in 2011 it is no longer possible for someone who holds two (or more) EEA citizenships to use nationality A to have their non EEA family members live with them in country B.

Unless they have previously lived in country A.

To put it into context: as a dual Irish/British citizen, you cannot use your Irish citizenship to bring your wife to the UK using the EEA regulations unless you have at some time in the past lived in the Republic.

Using the Surinder Singh route means you would not need to confirm your Irish nationality nor apply for an Irish passport; but the two of you would need to live together in the Republic (or any other EEA state) for at least three months while you exercised a treaty right (it used to be that you had to be working; but from the OP that now seems to have changed).

Whilst there is no specific financial or accommodation requirement, those using the EEA regulations to bring non EEA national family members to the UK (or any other EEA state) do need to show that they can support and accommodate themselves without being an 'unreasonable burden' upon the state.

I have yet to find an official definition of 'unreasonable burden.'

Hi, I have previously lived in the Republic for a time yes. Although not for long but long enough for them to have a record and for myself to get the equivalent of the uk national insurance number (lost now but im sure easy enough to get again with proof of id).

Would it be then possible then for anyone to use an Irish passport to get their wife/child/husband/parent directly into the uk where they are presently residing through this route. Rather than going to Ireland and using the British passport but staying in uk and using the Irish one.

[7by7]

To use the Surinder Singh route you and your wife would need to have been living together in the Republic for at least three months prior to her applying.

For using your Irish nationality to bring her directly to the UK, see the actual judgement linked to above and EUN2.16 Can family members of dual British / Irish nationals qualify for an EEA family permit? (note, this is the guidance issued to ECOs, it is not a statement of the regulations).

The McCarthy judgment determined that a person who holds the nationality of the host Member State (in our case British nationality) and has never exercised their right of free movement and residence does not benefit from the terms of the Free Movement Directive. This is regardless of whether or not they hold dual nationality with another member state. This means that family members are also unable to derive a right of residence under the Directive on their basis of their relationship to such a national. British citizens can only acquire free movement rights in certain scenarios and so are in general prevented from circumventing the requirements of the Immigration Rules when sponsoring entry to the UK of family members.

What the 'certain scenarios' are, I'm afraid I don't know; though obviously Surinder Singh is one of them.

Edited March 28, 2014 by 7by7

[r4b]

Maybe i could renounce my Britishness and only have Irish passport. Or is that clutching at straws ?.

Edited March 28, 2014 by r4b

[r4b]

Would it be correct to say because i resided in the republic of Ireland for a period that i have exercised my right to freedom of movement so if i was to obtain an Irish passport and go down the EEA route the outcome of the Mccarthy case would have no relevance to myself or my case.

[howerde]

Would it be correct to say because i resided in the republic of Ireland for a period that i have exercised my right to freedom of movement so if i was to obtain an Irish passport and go down the EEA route the outcome of the Mccarthy case would have no relevance to myself or my case.

I don't believe this is correct your wife would have needed to live with you in the republic, and in any case if the period was longer than 18 months ago, then i think it would not be allowed. There were a number of challenges going through the european courts to the issues youy have mentioned, have a look through the immagration board i directed you to.

[r4b]

Would it be correct to say because i resided in the republic of Ireland for a period that i have exercised my right to freedom of movement so if i was to obtain an Irish passport and go down the EEA route the outcome of the Mccarthy case would have no relevance to myself or my case.

I don't believe this is correct your wife would have needed to live with you in the republic, and in any case if the period was longer than 18 months ago, then i think it would not be allowed. There were a number of challenges going through the european courts to the issues youy have mentioned, have a look through the immagration board i directed you to.

Hi, yeah im reading some at the minute. I was thinking if i get Irish passport although i remain here and still live here in the uk and my wife asks for EEA visa to come here to the uk to visit her husband an Irish citizen living in another part of europe.. Rather than us both to the republic of Ireland. I suppose similar to the Mccarthy case i am reading but only that i have exercised my right to freedom of movement because i lived in the republic of ireland and the uk. if that makes sense lol

[Seekingasylum]

Maybe i could renounce my Britishness and only have Irish passport. Or is that clutching at straws ?.

Not at all. Renouncing your British citizenship is the the best solution. Provided you already have your Irish passport you can submit form RN to the Home Office in addition to their fee of £187 after which you will receive your copy of the form duly certificated and, hey presto, you are now solely Irish. Assuming you are a qualified person in the UK. i.e worker, self - sufficient or a student, you can then bring your family members without let or hindrance.

Given there is no difference to your life in any meaningful sense as a consequence of your renunciatioan and taking into account the costs of the Immigration Rules likely to be incurred by settling a foreign wife on the pathway to ILR/Brit Cit amounting to nigh on £9,000, I would have thought it was a no brainer. Once your spouse has acquired permanent residence you could then re-apply for your Brit Citizenship if you were so minded but, frankly, I can think of better ways of spending a grand.

[r4b]

Maybe i could renounce my Britishness and only have Irish passport. Or is that clutching at straws ?.

Not at all. Renouncing your British citizenship is the the best solution. Provided you already have your Irish passport you can submit form RN to the Home Office in addition to their fee of £187 after which you will receive your copy of the form duly certificated and, hey presto, you are now solely Irish. Assuming you are a qualified person in the UK. i.e worker, self - sufficient or a student, you can then bring your family members without let or hindrance.

Given there is no difference to your life in any meaningful sense as a consequence of your renunciatioan and taking into account the costs of the Immigration Rules likely to be incurred by settling a foreign wife on the pathway to ILR/Brit Cit amounting to nigh on £9,000, I would have thought it was a no brainer. Once your spouse has acquired permanent residence you could then re-apply for your Brit Citizenship if you were so minded but, frankly, I can think of better ways of spending a grand.

Thank you for your reply.. This is the kind of thinking i have thought of but i was not and have not been sure if this would work or if it would satisfy the ukba to Know i renounced my British citizenship to get my wife into the uk. They will have on record when my wife applies for EEA under my Irish citizenship and living in the uk that she failed in her attempt to come here under the spouse of a british citizen. Can they hold this against us

[Seekingasylum]

No, they cannot.

[theoldgit]

This thread has gone off topic by somebody who has hijacked it by discussing his own issues, which he is also discussing elsewhere.

Tony M started this thread to clarify the Surinder Singh ruling to us all.

A number of off topic posts have been removed, now please keep to the topic started by Tony.

[geordiel]

Iam a UK citizen currently working in Germany and being paid by the German client through my UK Ltd company of which Iam the sole employee.

I intend to bring my Thai wife and two kids over to Germany to join me. When the contract finishes in 7 - 12 months time, would I be able to return to the UK with wife and kids using the Freedom of Movement (Surinder Singh) method or would the UKBA determine that my "centre of life" had not fully moved to Germany as Iam still an employee of my UK Ltd company?

Many Thanks anyone who may offer advise.

[Skint]

Iam a UK citizen currently working in Germany and being paid by the German client through my UK Ltd company of which Iam the sole employee.

I intend to bring my Thai wife and two kids over to Germany to join me. When the contract finishes in 7 - 12 months time, would I be able to return to the UK with wife and kids using the Freedom of Movement (Surinder Singh) method or would the UKBA determine that my "centre of life" had not fully moved to Germany as Iam still an employee of my UK Ltd company?

Many Thanks anyone who may offer advise.

For this to work you need to be paying tax and registered in Germany.

[geordiel]

Iam a UK citizen currently working in Germany and being paid by the German client through my UK Ltd company of which Iam the sole employee.

I intend to bring my Thai wife and two kids over to Germany to join me. When the contract finishes in 7 - 12 months time, would I be able to return to the UK with wife and kids using the Freedom of Movement (Surinder Singh) method or would the UKBA determine that my "centre of life" had not fully moved to Germany as Iam still an employee of my UK Ltd company?

Many Thanks anyone who may offer advise.

For this to work you need to be paying tax and registered in Germany.

I am registered in Germany but according to my accountant I shall probably be paying the tax in UK. Life gets very complicated these days.