Immigrationboards.com

CR001 wrote: ↑

Sun Jul 05, 2020 5:16 pm

The question relates to an EU (non British) citizen whose family member followed the EEA EU rules route and not the UK immigration rules spouse visa route. If you are only British, the question is not relevant to her.

Hi all, I too am a little confused about this question. My wife is a non EU citizen, I am British and she has lived here under the Surinder Singh judgement. She recently got her IRL via settled status. So would her answer be be Yes as she obtained settled status being a family member of a EU citizen? Or is it No because exercising SS mean that she is a family member of a British citizen?

Did you find and answer to your question? Would be interested to hear it

Answer would be yes

Exercising Surinder Singh route means; British citizen is treated as an EU citizen.

(I answered ‘yes’ on my application form)

If subject to the Surinder Singh route, then

the UK citizen is treated as a Qualifying British citizen for the purposes of Appendix EU. Or
the UK citizen is treated as holding a valid passport issued by an EEA State for the purposes of the EEA regulations. Schedule 3 sets the effect on other legislation.

For the purposes of the British Nationality Act, a British citizen is treated, unsurprisingly, as a British citizen.
The spouse or civil partner of a British citizen may naturalise under Section 6(2).

Thank you. We are in the ame situation so I will come back to report in few months' tims

Hi there! If you are married to a British citizen who obtained settled status via Surinder Singh, why would you answer "yes" to being a family member of EEA / EU national in the naturalisation application? If you do, which would be wrong, it will ask you for proof of CSI. For the purposes of the British Nationality Act, a British citizen is treated, unsurprisingly, as a British citizen. When they returned to the UK with their non-EU spouses via Surinder Singh route, they were "qualified British citizens" and not EEA or Swiss Nationals exercising treaty right in the UK. This means that a non-EU national with settled status in the above category should not need to present proof of CSI for the purpose of the naturalisation application, unlike EEA nationals who obtained settled status after exercising treaty rights in the UK. but please correct me if I am missing anything here.