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Surinder Singh Visa Free Movement

What is a Surinder Singh Visa?

A Surinder Singh Visa is an immigration status document issued in compliance with Regulation 9 of the Immigration (European Economic Area) Regulations 2006.  This regulation allows for a British Citizens to sponsor their family to the UK in accordance with European Law, instead of very restrictive UK Immigration Rules.

How can I get a Surinder Singh Visa?

To be eligible for a Surinder Singh Visa you need to have met a few basics:

  1. You must of lived in an EEA Member state (other than your state of nationality) with your family member.
  2. You must of been a qualified person under the Free Movment Directive (2004/38/EC).  This means a worker, student, or self sufficient. However, please note that the UK read this very restrictively, and expect the EEA national to have worked in the other member state.
  3. The residence must of been for excess of 3 months at a minimum.  The longer the better… because the UK expects the EEA national to have transferred their centre of life to the other member state.

 

How to begin with a Surinder Singh Visa?

To begin your Surinder Singh Route journey, head on over to the home page, we have many different articles of free information to help you get started.  Please note that this information is just a signpost.  Under no circumstances should you accept this information as any form of advice.

Case C-456/12 – O and B Judgment of the ECJ

The official press release in relation to the judgment of the ECJ for Case C-456/12 reads as follows:

Directive 2004/38/EC grants EU citizens and their family members the right to move and reside freely within the territory of the Member States

1. In that regard, the Raad van State (Netherlands, Council of State) has made two separate requests to the Court of Justice for a preliminary ruling in the context of four cases concerning the refusal of Netherlands’ authorities to grant a right of residence to a third-country national who is a family member of an EU citizen of Netherlands nationality.

Case C-456/12: Mr O. and Mr B.’s situation

Case C-456/12 concerns the refusal to grant a right of residence where the EU citizen returns to the Member State of which he is a national after short periods of residence in another Member State with the family member in question.

In 2006, Mr O., a Nigerian national, married a Netherlands national and from 2007 to April 2010 he lived in Spain. During that period, Mr O.’s wife resided for two months with her husband in Spain and regularly spent time with Mr O. in the form of holidays in Spain.

Mr B., a Moroccan national, lived from December 2002 with his partner who has Netherlands nationality. In 2005, Mr B. moved to Belgium and lived in an apartment rented by his partner. His partner resided with Mr B. in Belgium every weekend. In April 2007, Mr B. returned to Morocco and in July 2007 Mr B. married the Netherlands national in question.

As Mr O. and Mr B. were family members of EU citizens, the referring court asks whether EU law, in particular Article 21 TFEU and Directive 2004/38, grants such third-country nationals a right of residence in the Member State of which the citizens in question are nationals.

The Court points out first of all that Article 21 TFEU and Directive 2004/38 do not confer any autonomous right on third-country nationals. Any rights conferred on third-country nationals are rights derived from the exercise of freedom of movement by an EU citizen.

The Court finds next that Directive 2004/38 does not confer any derived right of residence on third-country nationals who are family members of an EU citizen residing in the Member State of which he is a national. Directive 2004/38 applies only where a citizen moves or resides in a Member State other than that of which he is a national.

With regard to the question as to whether Article 21 TFEU grants such a derived right of residence, the Court explains that a refusal to allow a derived right of residence for a family member of an EU citizen who is a third-country national, may interfere with the EU citizen’s freedom of movement under that provision. An EU citizen may be discouraged from leaving his Member State of origin because he is uncertain whether he will be able to continue, on returning to that Member State, a family life which he will have created or strengthened in another Member State. However, such an obstacle will arise only where the residence in the host Member State has been genuine, that is to say where it satisfies the requirements of Directive 2004/38 relating to a right of residence for a period of longer than three months.

It follows that, where an EU citizen has, pursuant to and in conformity with the provisions of Directive 2004/38 relating to a right of residence for a period of longer than three months, genuinely resided in another Member State and, during that genuine residence, a family life has been created and strengthened in that Member State, the effectiveness of Article 21 TFEU requires that the citizen’s family life in the host Member State may continue on returning to his Member State of origin. That implies that, in such a case, a derived right of residence is allowed for the family member who is a third-country national.

The conditions for granting such a derived right of residence, based on Article 21 TFEU should not, in principle, be more strict than those provided for by Directive 2004/38 for the grant of a derived right of residence to a third-country national who is a family member of an EU citizen where that citizen has exercised his right of freedom of movement by becoming established in a Member State other than the Member State of which he is a national. Even though Directive 2004/38 does not cover the return of the EU citizen to the Member State of which he is a national, it should be applied by analogy given that in both cases it is the EU citizen who is the reference point for the grant of a derived right of residence to a third-country national who is a member of his family.

As regards the question whether the cumulative effect of various short periods of residence in the host Member State may create a derived right of residence for a family member of an EU citizen who is a third-country national on the citizen’s return to his Member State of origin, the Court points out that only a period of residence satisfying the conditions of Directive 2004/38 relating to a right of residence for a period of longer than three months will give rise to such a right of residence. The Court notes that, even when considered together, short periods of residence (such as weekends or holidays spent in a Member State other than that of which the citizen is a national) do not satisfy those conditions.

The court notes in addition that Mr B. acquired the status of family member of an EU citizen after his partner’s residence in the host Member State. A third-country national, who has not had, at least during part of his residence in the host Member State, the status of family member of an EU citizen, is not entitled to a derived right of residence in that Member State pursuant to Directive 2004/38. Accordingly, that third-country national is also unable to rely on Article 21 TFEU for the grant of a derived right of residence on the return of the EU citizen to the Member State of which he is a national.

In the light of all the foregoing, the Court rules that where an EU citizen has, pursuant to and in conformity with the provisions of Directive 2004/38 relating to a right of residence for a period of longer than three months, created or strengthened a family life with a third-country national during genuine residence in a Member State other than that of which he is a national, the provisions of that directive apply by analogy where that EU citizen returns, with the family member in question, to his Member State of origin.

[ Source: http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-03/cp140032en.pdf ]

In short, this new ruling outlines the following:

  1. A residence period of at least 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 not allowed (para 58)

( Read more from Colin Yeo on The Free Movement Blog:  Surinder Singh Immigration Route )

I draw particular attention to the fifth point.  Case C-109/01 raised the point of persons deliberately placing themselves into a possition to be beneficiaries of EU points of law.  The ruling outlined that this is not abuse (even if it can be used as part of an assessment leading to “alleged” abuse).

 

Applying for an EEA Family Permit

Once you are ready to return to the UK, you would probally want to apply for an EEA Family Permit.  This application is a simple process, although the form itself asks for a lot of irrelevant information.

Before completing the application, make sure you can print out your application immediately, and if not immediately, make sure you have a PDF Document Writer (or equiv) so as you can print TWO COPIES of the form.

When you are ready to apply for your EEA Family Permit, head on over to the Visa4UK website (http://visa4uk.fco.gov.uk).

  1. At the time of writing this post, the FCO have launched a new Visa Application system (which appears to be “faulty” and is deleting your appointment – hence print it immediately).
  2. You will need an account, so click on “Register an Account”.
  3. Complete the form (the Applicant is the NON EU) and then agree to the terms, and click on “Register”.
  4. You’ll recieve an email to confirm your email address – So pop off to Yahoo, Hotmail, Gmail ETC to confirm your email address.
  5. Once confirmed, you should be able to login to your account. – Enter your email address and password.
  6. Once signed in, click on “Apply for Myself” on the top of the screen.
  7. The next page gives you warnings about use of false documents ETC.  Make sure you read and understand this information – then click on Continue.
  8. On the next page, you complete the details of the applicant (the Non-EU).
  9. The type of visa that you are applying for is on the following category:
    1. “Reason for Visit: Other”
    2. “Visa Type: EEA/Swiss Family Member”
    3. “Visa Sub Type: Family Member of an EEA National”
  10. Click on “Create Application”.
  11. You will then be able to complete the application form…

Obviously, you will need to complete the application with details relevant to your own situation, so only yourselves can answer the form.  A lot of the information is not required, but there is little you can do about completing it. (Otherwise you cannot submit the application online).

The only information you legally need to provide is:

  • Proof that you have worked as an employed or self employed person
  • Proof that you have resided together in the EEA state in which you work
  • Proof of ID (Passports)
  • and Proof of Relationship (Marriage Certificate)

Once you have completed the application form, you can submit it (note: it takes a while to complete.

You can then book an appointment on the system.  It is important that your book the appointment and print off the confirmation letter immediately – Make sure you print two copies – One for them, and one for yourself.

Payment is not required for an EEA Family Permit – as per the directive.  However, they charge a fee for a courier service of your documents back to yourselves.  We chose to collect our documents.  This meant that there was no payment required for the visa.

Heres the kicker though: You can only collect your document between 9:00am and 9:30am (which to me, screams a breach of the directive – as this is not giving EVERY OPPORTUNITY POSSIBLE to obtain the visa [Article 5])

 

What Documents Do You Supply

Below is just a sample of possible documents. Obviously, your own documents might well be different.

Proof that you have worked in a member state

Employed Persons

  • Work Contracts
  • Pay Slips
  • Letters from Employers
  • any other work related documents (IE: P45’s if change of job ETC)

Self Employed Persons

  • Tax Registration Letter
  • Business name registration certificate
  • Copy of business website etc
  • Copy of invoices issued to customers
  • Copy of reciepts for products purchased (costs)
  • Copy of other business accounting….
  • Business bank statements
  • Google Listings (Google Places, Google Plus)
  • Facebook Listings ETC
  • Copy of advertisements (IE: Paper, local church, shops, flyers ETC)

Proof of ID

You must supply the passport of the non-EU national. You should also be prepared to present the EU nationals passport – but at the very least supply a copy!

Proof of Residing together

  • Letter from Landlord
  • Tenancy Agreements
  • Letter from PRTB if applicable (IE: it is not required for a lodger to be registered with the PRTB if the landlord lives in the same household.)
  • Bank statements
  • Any other letters which have name and address on (IE: Driving License)

Proof of Relationship

  • This is usually a marriage certificate
  • Birth Certificates of any kids if you have any together

Other documents…

  • A letter from the EU national confirming that you will travel to the UK together.  This letter should outine the main points that you have worked, and lived together in whichever member state you have resided in.  It should also outline that you are applying under the case of Surinder Singh.
  • Residence Cards / Permits from the host member state
  • PPS Cards
  • EHIC Cards issued by member state
  • Letters confirming that you are registered at the local doctors
  • Letters from the kid’s schools / preschools / child minders

 

CREATE THREE BUNDLES: AND KEEP COPIES OF EVERYTHING!

It is important to make three bundles of your documents. These bundles are as follows:

  1. Original Documents [ Take to embassy – they should retain marriage certificate and non-EU passport ]
  2. Copy of Documents [ Take to embassy – they keep, but verify against originals (so keep the bundles in order) ]
  3. Copy of Documents [ You keep this copy, incase they loose anything / retain both sets you take to the embassy ]

How Long Does My Application Take To Process?

Well… This varies on your application. You can check on the UKBA Visa Processing times in Dublin, Ireland.

Step by Step Process of Registering a Self Employed Business in Ireland

To register as a self employed person in the Republic of Ireland, you need to follow a simple route:

  1. Obtain / Register for your PPSN.
  2. Register as a Self Employed Person
  3. Register your Business Name
  4. Register for Revenue Online Services (ROS.IE)
  5. Register your domain name
    1. I offer a very competitive Domain Name Registration Service, with regular special offers.
  6. Setup your Website
    1. See the link to my YouTube channel on the bottom of the page
  7. Keep Accurate Accounting Information
    1. Retain all Receipts
    2. Issue invoices for every sale you make
    3. Keep detailed mileage logs for all travel you make
  8. Register your Business Page on Facebook, Twitter and Google Plus
    1. It’s Free
    2. It provides a medium for people to provide an instant sharing platform
    3. It provides a method for customers to give feedback and reviews
    4. Google Plus listings can have a direct bearing on Googles SERPS.
    5. Google Plus listings also link to Google Local Places listings.

A lot of people ask the following question over and over:

“How can I prove that my self employment was genuine?”

The answer is simple:

Advertise your services, Keep a detailed record of all meetings with clients, take photographs of your setup, publish your website, ensure you pay your earned income / money into your bank/PayPal Account.

 

Obviously, you will incur a few charges in setting up your business.  Such as:

  • Business Name Registration
  • Advertising Your Business – Flyers, Google Adsense, ETC
  • Web Hosting / Domain Name (Note: My Free Web Hosting Offer)
  • Stationary (Pens, Pads, Paper, Letterheads, ETC)
  • Business Cards

You also need to remember that a business has requirements for accurate accounts record keeping.