Website back online

Hey guys. Sorry for the past couple of months. I’ve been so busy that I didn’t notice that the website had gone down.   One of the plugins had caused an error and everything was lost,  except one of my old backups from a couple of years ago.

I save a backup every time I post content, but with work etc,  I also misplaced my harddrive with recent backups (sadly, I never expected to need a backup of this website…  But it’s just sods law: what can go wrong will go wrong.)

It has been a while since I posted,  so I’m not sure if I have lost any content which was important or not…

If you was looking at a pace that’s now missing: Please let me know and I’ll knock something together.

I’ll monitor server errors and if I get any unusual 404s, it’ll probably be the missing content,  so I’ll see what I can do.

 

If you need anything specific. Please use the Facebook groups or twitter.  Theres always somebody around.

 

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.

Skilled Worker Charge coming… £1000 (ONE THOUSAND QUID) per applicant.

So, the Home Office have release another update for Fees and Changes. Included, to mention a few of the ever growing collection of pleasantries and “gifts” from this “lovely” ‘Immigration Bill’ include:

Immigration Skills Charge
Employers will be required to pay £1,000 per Tier 2 migrant sponsored per year, with a reduced rate of £364 per migrant per year for small and charitable sponsors.

Civil registration
Existing legislation governing the registration of births, deaths, marriages and civil partnerships is restrictive in terms of the products and services for which fees may be charged. The Home Office are looking for flexible fee-raising powers in respect of services provided.  So… Expect to have to pay more when you wanna get married, have kids, or pop ya cloggs…  most likely even more so if you’re an immigrant.
Passports
Despite reducing costs of passports…  The act is looking to allow the Home Office to formalise the framework of costs
underpinning the passport fees – for example the costs of processing more complex applications requiring costly Home Office interventions, and to allow some passport fees to be set at above cost… The hopes of this is to provide further reductions to a select few (likely paid for once again by immigrants).

Check out the publication on the gov uk website.

EEA Citizen Family Visa Residence Card

What is an EEA Citizen Family Visa?

An EEA Citizen Family Visa is issued under eu law.  This is a separate set of immigration regulations to the national immigration rules. An EEA Citizen Family Visa is one linked to Directive 2004/38/Ec – the free movement directive.  This directive is a set of treaty rights given to all EU Nationals.  Family members of EU citizens can apply for visas linked to the treaty rights.  The reason being that EU Citizens might otherwise be discourage from travel etc.

What is an EEA Citizen Family Visa in the UK?

In the UK an EEA Citizen Family Visa is a residence card issued in accordance with the Immigration (European Economic Area) Regulations 2006 (as amended).

How to apply for an EEA Citizen Family Visa in the UK?

You can apply for an EEA Citizen Family Visa also known as a residence card from within the UK by completing application form EEA(FM).

If you are outside of the UK,  and wish to enter,  you might need to apply for what is known as an EEA Family Permit.

The Surinder Singh Route closed? No it hasn’t!

 

The Surinder Singh Route closed?

I’ve seen many posts online stating that the Surinder Singh route has been closed.   This is simply a misrepresentation of the current facts.  The Surinder Singh route closed?  Nah,  not just yet.

The Home Office have tried it’s hardest to close the route for years, first implementing the centre of life ruling in 2014.  They have expanded on this unlawful guidance over time,  to what has been issued in  November 2016.

The Surinder Singh Route is definitely open

Over the last few years   and even months the route had been used by an increasing number of people.  Whilst I don’t want to tell you is an easy route – because it’s not – the route is certainly still a viable option for many.

Impact of MMCase

Since the mmcase was ruled last week,  many now see Singh as a viable option.   Singh still had the basic requirements it always had.   The Home Office are refusing many for idiotic reasons :

  •  You still had a UK tesco club card
  • One would expect you to live there on excess of two years
  • And so on lap

It is worth noting that there is a  balance to be met.   In any case,  the home office – just like you – had to meet the burden of proof on the balance of probabilities.

Nothing in life is a cake walk.

That being said,  those with children should seriously consider alternatives.   There are visa rules allowing parents of children to apply outside of the rules.   Surinder Singh is not the only options – and it certainly isn’t cheap to move to another country.

Separation of life in exile

All the same,  you have to choose one simple point. Do you want to live with your spouse?

What is the most important thing?

Live with your spouse – regardless of the place – or be separated?  Personally I’d choose a life with my wife any day of the week.  Every week apart is a week too long in my opinion.

What if The Surinder Singh Route Closed whilst I’m in another country?

Shit happens.  But wasn’t the move worth it?  I mean,  even three months together is better than nothing.   You’ve managed for the three months so what is stopping you managing longer?

Is remaining in the host country such a bad idea?

Whilst we have family in the UK,  is a life elsewhere really such a bad idea?  I mean a house is just bricks and mortar – somewhere to live.  Home is where you’re loved.  Isn’t that where the man or woman you married lives?

Gov.UK: Statement regarding rights of EU Nationals in UK

The UK Government has released a statement relating to the status of eu nationals in the uk .

There has been no change to the rights and status of EU nationals* in the UK, and UK nationals in the EU, as a result of the referendum.

This is something we knew already.  But it was nice of them to confirm, given the recent news, and attacks on foreign nationals.  There is more info on the statement and worth a read.

Directive 2004/38/EC – Freemovement Citizens Directive

What is Directive 2004/38/EC

Directive 2004/38/EC is a set of treaty rights under EU law that is given to all EU citizens.

What rights do I have under Directive 2004/38/EC

Directive 2004/38/EC gives all EU citizens free movement rights.  These include the right to:

  • travel for less than 3 months.  You will only need proof of nationality;
  • work in another member state;
  • be self employed in another member state;
  • be self sufficient in another member state;
  • be a student in another member state;

Where does Directive 2004/38/EC apply

Unfortunately, the free movement directive only normally applies in a member state of which you are not a national.  This means that British Citizen’s cannot normally rely on free movement law within Britain.   However, there is a ‘derived’ right from the free movement directive.  This right comes from the Surinder Singh court case.

 

SURINDER SINGH ROUTE STEP BY STEP

Surinder Singh Route Step by Step Guides

If you are looking for a Surinder Singh Route Step by Step then you have came to the right place.    The Surinder Singh Route Step by Step guides on this website are minimal information  guide.  These are what you would normally do to meet the requirements of the EU Route Visa.

So – In short – What’s the process?

Surinder Singh Route Step by Step
Simple Surinder Singh Route Step by Step Flowchart

Where do I Find these Step by Step Guides?

There are a number of Step by Step guides on this website.  There is a Step by Step guide for starting a self employed business in Ireland.  Additionally, the Republic of Ireland has it’s own Surinder Singh Step by Step guide. Detailing things from Applying for an entry visa to Registering for your GP.

The Surinder Singh Ireland Step by Step Guide

You can find the Surinder Singh Ireland Step by Step guide here: The Republic of Ireland.  Within the step by step guide there are links which direct you to more detailed information on the Surinder Singh process.

Surinder Singh Visa

What is a Surinder Singh Visa

A Surinder Singh Visa is the commonly used name referring to an EEA Family Permit.  The Surinder Singh Visa is the visa that you get when you are returning to the EU National’s home country. For example: returning to the UK with a British citizen.  Other EEA States use a different name for their own family reunification visas.

How do I get a Surinder Singh Visa?

In order to get a Surinder Singh Visa for your non-eu spouse, there are a few requirements to meet first.

You must live in an EEA member state other than your country of nationality.  This applies to both the EU citizen and the non-EU citizen.

The EU citizen should work.  This can be self employed, or employed.

Under the Immigration (European Economic Area) Regulations 2006 you also need to show that the EU Citizen has transferred his centre of life to the host member state.  Please note that the Case of O v Netherlands showed that the Centre of Life test is unlawful.

Once you have met the requirements, you will then be able to reside back in the EU citizen’s country of origin.  If this is the United Kingdom, the Surinder Singh Visa would be an EEA Family Permit.

I also highlight that O v Netherlands (c-456/12) extended those eligible for a Surinder Singh Visa to those who are self sufficient and students.  The UK have still failed to implement this though.

Could I be mistaking a Surinder Singh Visa for something else?

It is quite possible that when you originally searched for a Surinder Singh Visa, you were referring to a Join EU Spouse visa. For example: A visa to Ireland.  This will allow you to begin your journey back to your home member state (such as the UK).

Once you have got your visa to Ireland, you can learn more about the Surinder Singh Ireland route.

Surinder Singh Ireland

What is ‘Surinder Singh Ireland’?

Surinder Singh Ireland is the process of an EEA National moving to Ireland with their family member before moving back to their country of nationality.

Let me put Surinder Singh Ireland into the context of a British man with an Indonesian wife. If the British man cannot sponsor the Indonesian woman to the UK under the UK Immigration Rules, then they may well decide to Surinder Singh in Ireland. There may be many reasons that Surinder Singh in Ireland is decided upon. Such as lack of financials, negative immigration history, or simply that you don’t wish for your family to be divided. Family division is a common threat under the current UK Immigration Rules. This is due to the fact that the applicant’s sponsor is required to show that he earns over £18,600 by way of at least six pay slips.

Another reason for using Surinder Singh Ireland is that there is effectively a blanket ban on older relatives being sponsored by their children.

How Do I begin Surinder Singh Ireland Route?

I’ve compiled a detailed list, with specific processes for completing Surinder Singh Ireland.  You can access this on the Ireland Surinder Singh page.

So, as above, I will put the Surinder Singh Ireland Route into the context of a British Man with an Indonesian wife.

The Indonesian wife will need an entry visa to Ireland. This is known as a Join EU Spouse Visa. You apply for the Join EU Spouse visa via the Ireland AVATS system. You’ll be required to send some obligatory evidence. The Irish government may well request a lot of irrelevant information. It is your own decision as to whether to supply this additional information. Failure to supply the information MAY lead to a refusal which would need appealing.

Once you have the Join EU Spouse Visa, both the British man and Indonesian woman would be required to travel to Ireland. Surinder Singh Ireland requires that both the British and Indonesian citizens are resident together in Ireland.

OK, So I’m in Ireland – What next?

So. You’re now in Ireland for Surinder Singh Ireland. What next? The next step would obviously be that you need accommodation. You can find accommodation in a variety of places. From websites (such as myhome.ie) to the local paper. Many people short accommodation before arriving for Surinder Singh Ireland. Some simply initially stay in an hotel and find accommodation once there. I personally found the latter to be more effective.
Once you are resident – and residency includes in a hotel – you can apply for a PPS number. It is also wise to know whether you intend to Work or be Self Employed.

With proof of address, and ID, you can then approach a bank for a bank account. If you’ve got your own house, it’s wise to ensure all bills are in your own names also.

Surinder Singh Ireland Residence Card

Once you’re working, and have a stable address it is at this point you’d apply for the residence card on Form EU1.

During the process of Surinder Singh Ireland, it is quite possible that the non EU will have no formal leave to remain stamped in their passport.  DO NOT WORRY. As long as the non-EU has applied for a residence card within three months, their residency is legal. Note: The EEA National also needs to be a qualified person.  A qualified person includes a self sufficient person, worker, and student.

Ireland will usually issue a temporary residence card (an GNIB Card) with a stamp (A Stamp 4) into the passport of the non-EEA national. This stamp will usually be for six months and will be used whilst the application is being processed.

Surinder Singh Ireland varies throughout Ireland. Different areas of Ireland have different immigration offices. Each immigration office appears to have it’s own processes. Some Immigration Offices allow you to turn up and get a six month stamp in your passport. Some don’t. Some require a long wait. whilst the card is sent off to INIS in Dublin.

So How long does Surinder Singh Ireland take?

There is no real fixed time limits on Surinder Singh Ireland. The only formal limit imposed was by the case of O v Netherlands (C-456/12). This case has stated that you must have Article 7 residence. Article 7 residence is residence exceeding three months. Therefore. Three months and a day is now considered the minimum.

OK, So I’ve done Surinder Singh Ireland Route

So. Once you’ve lived in Ireland and acquired Article 7 residence, then you should apply for an EEA Family Permit. The EEA Family Permit is otherwise known as a Surinder Singh Visa.

Where are popular Surinder Singh Ireland areas

Surinder Singh Ireland is popular in itself. However some areas are even more popular.

Surinder Singh Dublin is a popular area.  This is perhaps due to the transport links back to the UK. Surinder Singh Ireland encompasses Surinder Singh Raheny, Surinder Singh Mallahide, and many other local Dublin Surinder Singh areas.  Additionally Surinder Singh Cork, Surinder Singh Waterford, Surinder Singh Wexford are also very popular areas for Surinder Singh Ireland.

Your guidance resource to applying the 'Surinder Singh Route' to your case.