Category Archives: Uncategorized

Brexit – Article 50 – Leaving The EU

So, I’m sure you’ve all seen the news, about Brexit.  If not, where the hell have you been?

So what exactly does Brexit mean for The Surinder Singh Route?  Well, for now, technically nothing.  We haven’t left the EU YET, and until we have left, we are still bound by EU Law.  Obviously, the government may choose to just ignore the law, and screw us over…  but that wouldn’t bode well for international politics ETC – would it?

So, needless to say, there are a number of jobsworths in the Home Office already contemplating the fact we’re off out of the EU.  People are definitely suffering on their applications.  They know the clock is ticking, and they don’t intend to make it easy.

We’ve seen Centre of Life information for the past few years.  (since 2014) and it’s still there, despite being ruled as unlawful by O v Netherlands etc.  The Home Office now expect you to provide lots of information relating to your living status (alot more than in 2014).

These changes have been in place for a number of months now, and we’ve already seen numerous people sent letters asking for more information…

So what’s this got to do with Brexit?  Well, you might of noticed that there’s been a massive court case… (The government lost) and then we had a commons vote.  Corbyn – the OPPOSITION LEADER – took the side of the Tories.  No CONCESSIONS etc were argued, etc.  The other day, short Article 50 bill passed without amendment, without report stage, without 3rd reading debate. 494 to 122… and who do we have to thank for this? Well that’s Corbyn.  If we’re on the way out of the EU, it needs to work for all.  I’ve already come to terms with the fact we’re leaving…  But why should we all suffer because these bloody idiots “in power” can’t do anything other than attempt to score browny points.

 

Summing up: Nobody knows the real plan.  Nobody knows what’s going to happen.  We can assume that they plan to get rid of as many immigrants as possible.  We can assume that they plan to screw over working folk (as usual).

Do you still wanna come back to the UK? Do it quickly, or consider another route.  Many people are deciding to setup home elsewhere to stay now.

PDF: DWP Benefits Guidance – DMG – When Back in the UK

DWP benefits guidance for Singhers back in the UK

This document is official DWP guidance containing information that would be useful to those of you who have completed the Surinder Singh Route and are back in the UK and are having trouble convincing the DWP of your non-EU relative’s rights to claim benefits and of your rights as a returning Brit to skip the Habitual Residence Test and claim benefits. The guidance is titled “DMG Volume 2, Chapter 7, Part 3”. DMGs (Decision Makers’ Guides) are DWP guidelines that DWP staff must adhere to.
In the case of non-EU relatives having trouble claiming benefits, refer the DWP staff member to DMG 072900 in the guidance, which importantly says this:
“Note: if certain conditions are met, family members of British citizens have the same EU law rights to reside as they would if they were a family member of another EEA state (see DMG 073254 et seq for full details of the conditions). Thus where the conditions are satisfied and the British citizen would fall within the terms of DMG 072800 1. and 2, if they were a national of another EEA state, their family members should be treated in the same way as a family member described in DMG 072800 3. As such they will not be a “person from abroad” for the purposes of IS, JSA(IB) and ESA(IR). Nor will they be a person treated as not in GB for the purposes of SPC.”
What the above means is simply that if a British citizen has completed SS, then his non-EU relative should not be considered as a “person from abroad”, meaning that they are entitled to benefits without even needing to satisfy the Habitual Residence Test. Note that an EEA Family Permit or Certificate of Application are not strictly necessary for benefits, because all that matters is that the British sponsor has satisfied the conditions in Regulation 9 of the Immigration (EEA) Regulations i.e. has completed SS. However, if you have an EEA Family Permit, you can tell the DWP staff member that an EEA FP in fact proves that the British sponsor met the conditions of DMG 073254 i.e. completed SS.
In the case of returning Brits being refused benefits because of the habitual residence test, refer the DWP staff member to DMG 071351 – 071353 in the guidance, which says this:
“Resuming previous residence
071351 A person with habitual residence in the CTA who exercised his right to freedom of movement under European law and then returns to resume his residence in the CTA may be habitually resident immediately on his return.
071352 A JSA(IB), IS, ESA(IR) or SPC claimant who
1. was previously habitually resident in the CTA and
2. moved to live and work in another Member State and
3. returns to resume the previous habitual residence
is habitually resident immediately on arrival in the CTA.
071353 In deciding whether the claimant is resuming previous residence the DM should take account of the length and continuity of the previous residence in the CTA, his employment history in the other Member State and whether the claimant has maintained sufficient links with the previous residence to be said to be resuming it rather than commencing a new period of residence.
Example 1
The claimant, a UK national, lived and worked in UK before moving to Germany where he worked for several years. He was made redundant and having failed to find work in Germany for three months he returned to the UK where he had family and friends. On claiming JSA(IB) he stated that his intention was to find work and remain permanently in the UK. JSA was awarded because he was resuming a previous habitual residence.”

Calling For Contact from Singhers / Separated Families

Further to Don McVey’s short documentary (The Price of Love), which was released earlier in the month, Benjamin Cowles is currently looking to create a similar project.

Benjamin is a MA Journalism student. The MA is Journalism, War and International Human Rights. His film is still in the very early stages at the moment. It is going to focus on the UK Immigration Regulations for Britons with non-EEA partners and the Human Rights violations that these incur.

Benjamin states that he is a firm believer in the Universal Declaration of Human Rights, which the UK is a signatory. In which Article 16 states that men and women have the right to marry and found a family. The same sentiment is echoed in the European Convention of Human Rights and the Human Rights Act 1998.

The UK government claims to uphold human rights, yet – as many of us know – this is only when it suits them. The documentary is to focus on this right to marry people from beyond European borders. Another reason Benjamin want to cover this topic is that it also affects him…

I was shocked to learn that I couldn’t exercise the basic human right to live with her [my girlfriend] in the country I grew up in.

The film won’t only be focusing on the SS route [Surinder Singh Route], but also on the plight of other couples, especially LGBT [lesbian, gay, bisexual, and transgender] couples who have far more pressure to deal with.

If you’d like to be involved or if have any more questions you can contact Benjamin who will be more than interested to hear your story.

Benjamin can be emailed on cowlesz [at] hotmail [dot] co [dot] uk

Sample Support Letter for a Self Employed EU1 Application

Below is a sample letter that you can send in support of your EU1 Application in the Republic of Ireland.

[ EU NAME ]

[ Home Address ]
[ DATE ]
EU Treaty Rights Section

Irish Nationalisation and Immigration Service

Department of Justice and Equality

13/14 Burgh Quay

Dublin 2

 

Dear Sir(s)

 

Please find attached the application and a number of supporting documents for my spouse ([ NON-EEA NAME ])’s residence card on the basis of being married to a self employed EEA National within your state, in accordance with Article 10 of Directive 2004/38/EC.

 

My spouse entered Ireland with myself on the [ DATE ] via [ METHOD OF ENTRY ]. We reported to the Intreo Centre immediately to aquire her PPSN.

 

In accordance with Article 6 of the Directive we understand that we do not need to register for a residence card until three months are over. However, we are applying early as we intend to make our home in Ireland. My spouse would also like to work and therefore a residence card will benefit us.

 

I regularly travel for work, so would request that our documents are returned as soon as possible. I am able to collect them from the INIS office should this be possible (My email is [ EU National’s Email Address ] and telephone number is [ EU National’s Telephone Number ]) – As a self employed individual I require my ID to travel throughout Europe (The UK do not issue national ID cards).

 

I am a self employed [ job title ]. I am registered for taxation with Revenue under the code [ REGISRATION NUMBER – Usually PPSN ] and also have a registered business.

 

As evidence of my business activities within the state, I attach:

  • A copy of my registration letter for self employed taxation
  • A copy of both of my business name registration documents for CRO
    • [ Business Name ]
  • A copy of a few of my commission invoices for various reseller services
  • A selection of invoice copies to clients for my business activities.
  • Proof of domain name ownership
  • Website Printouts

 

Should any further proof of self employment be required then I would be more than happy to provide this. I will provide my further bank statements as soon as possible (note that my Irish business bank account has only recently opened). As well as further invoices if they are required.

 

As evidence of residing within the state, I attach a copy of our PPSN letters, and copies of correspondence, and a copy of our tenancy agreement. We are awaiting our PRTB registration letter.

 

As proof of identity, we attach the passport of my spouse ([ Non EU Name ]) and myself the EU Citizen ([ EU NAME ]).

 

As the business is still in the early stages, I attach a print out of our joint account from the Bank of Ireland. I have also attached a copy of a letter relating to my recently opened Business Bank Account with the Bank of Ireland.

 

Whilst not a legal requirement, I attach a number of bank statements showing that I have sufficient funds to maintain my family, You will see funds of Sterling GBP in the following accounts in the UK:
…..
As well as funds of €xxxx.xx Euro in our joint bank account in Ireland.

 

My spouse ([ NON EU NAME ]) and myself ([EU NAME ]) have children together ([NAMES]) of whom we attach a copy of their Birth Certificates.

 

We will submit further documents in due course in relation to my income / self employment. I would appreciate the return of our documents speedily though, so as to exercise my treaty rights across the EU.

 

Yours Sincerely,

 

[ EU SIGN ]

[ EU NAME]

 

EU1 Application – Self Employed Sample Support Letter of Support

Below is a sample letter that you can send in support of your Form EU1 Application in the Republic of Ireland.

Sample EU1 Application Letter of Support

[ EU NAME ]

[ Home Address ]
[ DATE ]
EU Treaty Rights Section

Irish Nationalisation and Immigration Service

Department of Justice and Equality

13/14 Burgh Quay

Dublin 2

 

Dear Sir(s)

EU1 Application – Letter of Support

Please find attached the Form EU1 application and a number of supporting documents for my spouse ([ NON-EEA NAME ])’s residence card on the basis of being married to a self employed EEA National within your state, in accordance with Article 10 of Directive 2004/38/EC.

 

My spouse entered Ireland with myself on the [ DATE ] via [ METHOD OF ENTRY ]. We reported to the Intreo Centre immediately to acquire her PPS Number.

 

In accordance with Article 6 of the Directive we understand that we do not need to register for a residence card until three months are over. However, we are applying early as we intend to make our home in Ireland. My spouse would also like to work and therefore a residence card will benefit us.

 

I regularly travel for work, so would request that our documents are returned as soon as possible. I am able to collect them from the INIS office should this be possible (My email is [ EU National’s Email Address ] and telephone number is [ EU National’s Telephone Number ]) – As a self employed individual I require my ID to travel throughout Europe (The UK do not issue national ID cards).

 

I am a self employed [ job title ]. I am registered for taxation with Revenue under the code [ REGISTRATION NUMBER – Usually PPSN ] and also have a registered business.

 

As evidence of my business activities within the state, I attach:

  • A copy of my registration letter for self employed taxation
  • A copy of both of my business name registration documents for CRO
    • [ Business Name ]
  • A copy of a few of my commission invoices for various reseller services
  • A selection of invoice copies to clients for my business activities.
  • Proof of domain name ownership
  • Website Printouts
  • Bank statements
  • ……

 

Should any further proof of self employment be required then I would be more than happy to provide this. I will provide my further bank statements as soon as possible (note that my Irish business bank account has only recently opened). As well as further invoices if they are required.

 

As evidence of residing within the state, I attach a copy of our PPSN letters, and copies of correspondence, and a copy of our tenancy agreement. We are awaiting our PRTB registration letter.

 

As proof of identity, we attach the passport of my spouse ([ Non EU Name ]) and myself the EU Citizen ([ EU NAME ]).

 

As the business is still in the early stages, I attach a print out of our joint account from the Bank of Ireland. I have also attached a copy of a letter relating to my recently opened Business Bank Account with the Bank of Ireland.

 

Whilst not a legal requirement, I attach a number of bank statements showing that I have sufficient funds to maintain my family, You will see funds of Sterling GBP in the following accounts in the UK:
…..
As well as funds of €xxxx.xx Euro in our joint bank account in Ireland.

 

My spouse ([ NON EU NAME ]) and myself ([EU NAME ]) have children together ([NAMES]) of whom we attach a copy of their Birth Certificates.

 

We will submit further documents in due course in relation to my income / self employment. I would appreciate the return of our documents speedily though, so as to exercise my treaty rights across the EU.

 

Yours Sincerely,

 

[ EU SIGN ]

[ EU NAME]