Tag Archives: surinder-singh-route

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.

Uk immigration loophole

What is the UK Immigration Loophole?

There is a common reference to the Surinder Singh Route being a UK Immigration Loophole.  The Surinder Singh Route is not a UK Immigration Loophole.  Many news reports – such as on the BBC, and other major news networks often refer to the Surinder Singh Route as being a UK Immigration Loophole.

Why isn’t The Surinder Singh Route a UK Immigration Loophole?

The Surinder Singh Route, whilst often referred to as a UK Immigration Loophole, is a perfectly legal and lawful method to secure residence in the UK.  The so called loophole is used by multi cultural and multi national families.  People who often use the word loophole whilst referring to the Surinder Singh Route often do not understand the legal implications and complexities of the case law surrounding the UK and EU Immigration Rules.  There has been a lot of case law (court cases and judgements) relating to free movement.  This includes Surinder Singh and the so called UK Immigration Loophole.

If this isn’t a loophole: what is it?

The Surinder Singh Route is a totally independent method of immigration rules for entry into the UK, or one of the other member states of the EU.  It allows families to remain unified after exercising free movement rights in another EU member state.

For simplicity, place yourselves in this situation:

You’ve moved to another country (within the European Union / EEA), and met an individual that you have decided to spend your life with.  You get married and live together ETC.  Circumstances change, and you need to return to the country of your nationality (IE: The UK).

Now, imagine this: The UK has some crazy immigration rule, that requires you to earn a random figure… say £18600.  What if you don’t earn this?  Is that goodbye to your marriage?  What if your kid is non-EU?  Well, obviously, human rights guarantee that you have the right to a family life.  EU law, grants you the right to return to your country of nationality.

If you were to be prevented from returning to your home country with your family, this would prevent you enacting your rights.

This is where the Surinder Singh Route comes into play. The Surinder Singh Route allows your family to remain together.

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?

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.

Video: The Price of Love #PriceOfLoveDoc

Don McVey has created an outstanding short documentary, The Price of Love (PriceOfLoveDoc.com), outlining the devastating effects the minimum income requirement is having on families: British men, women and children.

The documentary has been covered by The Independent ‘My children can’t sleep, crying for daddy:’ How spouse immigration rules affect British families.

Whilst Don’s short documentary begins to highlight Free Movement also. I’ve been approached by a gent who is looking at making another short film.

Please share this far and wide with all friends, family and colleagues #PriceOfLoveDoc