Immigrationboards.com

Posted: **Tue Oct 20, 2015 1:04 am**

Hi there

You've probably all read 100 of these posts and believe me i have tried to look through as many of them but i am still left confused so here is my scenario

My husband is a Spanish residency holder (not passport holder)
I am a British Citizen from Birth

My husband and I married in August 2013 in the UK.
In September 2013 I moved to Spain to live with my husband.

When I arrived in Spain, I registered by self a resident there and was given a NIE card.
I also registered with a local doctor surgery and have proof of many doctors appointments that I also attended.

I also joined a gym, which i attend regularly, whilst taking some personal training classes, i can also prove this if necessary.

My husband and I are currently living in rented accommodation, with the tenancy agreement is in both mine and my husbands name.

I was lucky to find a job, not so long after moving and worked from December 2013 to June 2014 (Total of 6 months).

When I started working, I opened a bank account, in which my salary was paid into every month.
When I was no longer working, my bank account still had money to last me for a couple of months.

I continued looking for jobs after June 2014 and have had no luck since.

My bank account is still active and has had some money put into my account every now and then, by my husband for when i needed to buy groceries etc.

However in all honesty, for a while now (Prob since May/June) my bank account has been inactive, because when i've needed money my husband has just given me his card and i have just withdrawn it from there, as it was just easier. Saying that my account is still having a balance and is not in any kind of deficit.

My husband has a full time job which is reasonably well paid and I would say is sufficient for the both of us.

Nonetheless I am really fed up of not getting anywhere in terms of finding another job in Spain and would like it if I could back to the UK with my husband, where we would both be able to get well paid jobs with no major difficulty.

This is where I believe the Surinder Singh route would be the best, as it would allow my husband to join me in the UK.

However I am extremely confused as I have had some mixed advice. Some say it is possible to apply giving that I can prove all the above that I have stated, whilst others say I must be working at the time (of my application), in order to be eligible to apply.

If the later is correct, then i feel absolutely miserable as I do not understand how I can move to the UK when it is hard for me to find a job here (In Spain) and I also unwilling to move back to the UK without my husband, as thats unfair.

Please can I request anyone, who has knowledge of the Surinder Singh route to advise me on whether I am eligible to apply given my mentioned scenario, if so how? and what would I have to collect to support my application? OR whether I do really have to be working at the time I have made the application and if I cannot find a job, what options do I have?

Also If anyone knows of any solicitors who they have used recently (post the change in law) and were very clear with the application process and are reasonably priced (in the west midlands) then please care to share. (I know its a long shot and is probably easier and better to do the application myself)

Thank you all in advance.

Posted: **Tue Oct 20, 2015 1:21 am**

Broadly, as I understand it, the requirements for the Surinder Singh route is that family life was either created or strengthened in the same period as exercise of treaty rights.

You exercised your treaty rights by working in another EEA country between December 2013 and June 2014 while with your husband. I think that is sufficient grounds for you to bring your husband in through the Surinder Singh route.

There is no requirement for you to be in employment at the time of application. Do you have private health insurance in Spain? If you do, you would be classified as exercising treaty rights through self-sufficiency. Alternatively, proof that you are looking for work (registration with a jobcentre, emails to and from employers, proofs of interviews given, etc) would qualify you as exercising treaty rights through being a jobseeker.

Posted: **Tue Oct 20, 2015 1:23 am**

OB (EEA Regulations 2006 - Article 9(2) - Surinder Singh spouse) Morocco [2010] UKUT 420 (IAC) (16 November 2010) wrote:British citizen working and residing with Moroccan spouse in Republic of Ireland (“RoI”) - 13 month gap between end of employment in RoI and return to Belfast - the term “was so residing” does not have to be immediately before returning to the United Kingdom - there was a sufficient link between the exercise of Treaty rights and the return in this case.

Posted: **Tue Oct 20, 2015 1:35 am**

secret.simon wrote:Broadly, as I understand it, the requirements for the Surinder Singh route is that family life was either created or strengthened in the same period as exercise of treaty rights.

You exercised your treaty rights by working in another EEA country between December 2013 and June 2014 while with your husband. I think that is sufficient grounds for you to bring your husband in through the Surinder Singh route.

There is no requirement for you to be in employment at the time of application. Do you have private health insurance in Spain? If you do, you would be classified as exercising treaty rights through self-sufficiency. Alternatively, proof that you are looking for work (registration with a jobcentre, emails to and from employers, proofs of interviews given, etc) would qualify you as exercising treaty rights through being a jobseeker.

i am pretty sure i do have private insurance as my husband got it for himself as part of his work package and managed to get it for me at a discounted rate, ive never used it though!

I think i have emails of when i emailed the agency for more jobs, but that was probably more closer to when i was first out of employment and after not hearing back from them i stopped emailing them and would only just look at linkedin for native english jobs etc.

I dont know spanish, thats the problem i had when applying for jobs. Although in my first and only job the spanish wasn't necessary as it was UK credit collection. I did try to sign up to free spanish courses but due to the enormous interest in these classes i never got lucky enough to be selected to start.

Posted: **Tue Oct 20, 2015 1:39 am**

vinny wrote:
OB (EEA Regulations 2006 - Article 9(2) - Surinder Singh spouse) Morocco [2010] UKUT 420 (IAC) (16 November 2010) wrote:British citizen working and residing with Moroccan spouse in Republic of Ireland (“RoI”) - 13 month gap between end of employment in RoI and return to Belfast - the term “was so residing” does not have to be immediately before returning to the United Kingdom - there was a sufficient link between the exercise of Treaty rights and the return in this case.

Thank you for this.

I also felt that I have excercised my treaty rights by working but i seen a solicitor who said i definitely have to be working at the time of my application and suggested if i cannot find work then i should consider self employment and then wait atleast 3 months before applying - long winded and unnecessary?!!

Posted: **Tue Oct 20, 2015 8:37 am**

anon87 wrote:
vinny wrote:
OB (EEA Regulations 2006 - Article 9(2) - Surinder Singh spouse) Morocco [2010] UKUT 420 (IAC) (16 November 2010) wrote:British citizen working and residing with Moroccan spouse in Republic of Ireland (“RoI”) - 13 month gap between end of employment in RoI and return to Belfast - the term “was so residing” does not have to be immediately before returning to the United Kingdom - there was a sufficient link between the exercise of Treaty rights and the return in this case.
Thank you for this.

I also felt that I have excercised my treaty rights by working but i seen a solicitor who said i definitely have to be working at the time of my application and suggested if i cannot find work then i should consider self employment and then wait atleast 3 months before applying - long winded and unnecessary?!!

Suggestion: why not assemble all your supporting documentary evidence & print off the application form/s & see how it all shapes up when you put it together.

PS More background on SS (if you can take it):
http://www.immigrationboards.com/europe ... r#p1257546

Posted: **Tue Oct 20, 2015 11:56 am**

Suggestion: why not assemble all your supporting documentary evidence & print off the application form/s & see how it all shapes up when you put it together.

PS More background on SS (if you can take it):
http://www.immigrationboards.com/europe ... r#p1257546

Thank you, I will start assembling all my supporting evidence and application form as that will be a good start.

I have read the link you posted and I've read the 3 months success story but it doesn't really relate to my situation. Not quite sure what you meant by 'if you can take it' though?

Posted: **Tue Oct 20, 2015 12:05 pm**

Can anyone please link me to the correct form I have to complete?

Can I get a hard copy of it as they all seem to be online.

Posted: **Tue Oct 20, 2015 2:11 pm**

anon87 wrote:
Suggestion: why not assemble all your supporting documentary evidence & print off the application form/s & see how it all shapes up when you put it together.

PS More background on SS (if you can take it):
http://www.immigrationboards.com/europe ... r#p1257546

Thank you, I will start assembling all my supporting evidence and application form as that will be a good start.

I have read the link you posted and I've read the 3 months success story but it doesn't really relate to my situation. Not quite sure what you meant by 'if you can take it' though?

Just a poor joke as you mentioned you were weary of reading through stuff.

FP link - to cover entry into UK, see: https://www.gov.uk/family-permit/overview

Once in UK, via SS route, spouse will eventually apply for a RC - see SS section:
https://www.gov.uk/government/publicati ... orm-eea-fm

Posted: **Tue Oct 20, 2015 2:52 pm**

noajthan wrote:
anon87 wrote:
Suggestion: why not assemble all your supporting documentary evidence & print off the application form/s & see how it all shapes up when you put it together.

PS More background on SS (if you can take it):
http://www.immigrationboards.com/europe ... r#p1257546

Thank you, I will start assembling all my supporting evidence and application form as that will be a good start.

I have read the link you posted and I've read the 3 months success story but it doesn't really relate to my situation. Not quite sure what you meant by 'if you can take it' though?
Just a poor joke as you mentioned you were weary of reading through stuff.

FP link - to cover entry into UK, see: https://www.gov.uk/family-permit/overview

Once in UK, via SS route, spouse will eventually apply for a RC - see SS section:
https://www.gov.uk/government/publicati ... orm-eea-fm

Thanks!!

Does anyone have a hard copy of these application forms as they all seem to have to be 'done online' and not printable

Posted: **Tue Oct 20, 2015 2:58 pm**

anon87 wrote:Thanks!!

Does anyone have a hard copy of these application forms as they all seem to have to be 'done online' and not printable

There is a link to a printable form (for use by North Koreans!) here:
https://www.gov.uk/family-permit/apply

The RC form (for future use) is printable.

Posted: **Tue Oct 20, 2015 9:59 pm**

noajthan wrote:
anon87 wrote:Thanks!!

Does anyone have a hard copy of these application forms as they all seem to have to be 'done online' and not printable
There is a link to a printable form (for use by North Koreans!) here:
https://www.gov.uk/family-permit/apply

The RC form (for future use) is printable.

Awesome! Many thanks

Posted: **Wed Oct 21, 2015 8:14 am**

anon87 wrote:My husband is a Spanish residency holder (not passport holder)

Just reread the above, not sure what it means.
- what is your husband's nationality?

Is he Spanish?
If so, you don't need to do SS - just come to UK.

If not Spanish does husband have an Article 10 Residence Card (issued in Spain)?
Ref https://blogs.kent.ac.uk/eu-rights-clin ... pril-2015/
Or does he hold an Article 20 PR card (issued in Spain).
These types of card can assist entry into UK.

Posted: **Wed Oct 21, 2015 11:13 am**

noajthan wrote:
anon87 wrote:My husband is a Spanish residency holder (not passport holder)
Just reread the above, not sure what it means.
- what is your husband's nationality?

Is he Spanish?
If so, you don't need to do SS - just come to UK.

If not Spanish does husband have an Article 10 Residence Card (issued in Spain)?
Ref https://blogs.kent.ac.uk/eu-rights-clin ... pril-2015/
Or does he hold an Article 20 PR card (issued in Spain).
These types of card can assist entry into UK.

Hi

My husband is not a Spanish national, he is Indian and still holds an Indian passport which is his only passport that he travels on.

In terms of the residency card I don't believe he has either of them cards as I read that those cards allow tavelling to the uk visa free...which he is not allowed to do. Everytime has has come to the uk has been with a visa (which gets expensive to obtain each time)

His card is more like a residence permit. It basically this:

Once you have lived in Spain legally for five uninterrupted years, non-EU nationals can apply for an EU long-term residence permit. A long-term residence permit allows you to stay in Spain indefinitely working or otherwise, under the same conditions as Spanish citizens.

It doesn't give you all the conditions such as travelling visa free though, just proves his legal status in Spain.

Posted: **Sat Nov 07, 2015 11:11 am**

BUMP

does my husband apply using the EEA FAMILY VISA application form from spain? I know the form is online but do you complete the form and print it? If so does he physically have to go and submit it in to an embassy?

How do we provide them with the evidence? Is this something that is requested later or does it go with the application? How do I know what to supply?

I checked the printable copy of the (EEA family visa) application and it doesn't ask anything about the sponsor (ME) living there or asking any questions to see if i meet the requirements to use this route?

I am really confused, am i even looking at the right application?

Immigrationboards.com

Surinder Singh

Surinder Singh

Re: Surinder Singh

Re: Surinder Singh

Re: Surinder Singh

Re: Surinder Singh

Re: Surinder Singh

U: Surinder Singh

Re: Surinder Singh

Re: U: Surinder Singh

Re: U: Surinder Singh

Re: U: Surinder Singh

Re: U: Surinder Singh

Re: Surinder Singh

Re: Surinder Singh

Re: Surinder Singh