Immigrationboards.com

Hi all, first post here , forgive me if it's in the wrong place.

Me ? I'm currently living in the U.K. with my British spouse and I guess I'm illegal
as I have outstayed my tourist visa.
I've recently been informed due to my residence (12 years ) in Switzerland I'm entitled to apply for right to remain under surinder Singh

Does anyone know how long this process might take ? ... Am I likely to beat Brexit deadline and least important of all... After filing am I entitled to apply for a uk driving license ?

Any advice is appreciated,

L.

What are your nationalities?

The Surinder Singh route would apply to you if
a) your British spouse resided with you in Switzerland
b) s/he (not you) exercised treaty rights in Switzerland during that duration
c) s/he then returned with you to the UK.

Were all the requirements listed above met?

Another way of looking at it is that the British citizen spouse's exercise of treaty rights in another EEA member-state (or Switzerland) must co-incide with the strengthening of family life in that EEA member-state with the non-EEA family member (you) and then the couple can return to the UK together under EU law (Surinder Singh route).

Hi, thanks for the reply.
Can you explain "exercised treaty rights" ?

My wife lived and worked (for the U.N. ) in switz. for a number of years
We lived together as husband and wife in switz. for 11 years, and currently live together in uk.
I carry US & Canadian passports

Purely a question of logistics. Can I apply for a uk driving license after applying for residency ?
A bank account ?

Again thank you.

LinToon wrote: ↑

Wed Feb 21, 2018 11:15 am

Hi, thanks for the reply.
Can you explain "exercised treaty rights" ?

My wife lived and worked (for the U.N. ) in switz. for a number of years
We lived together as husband and wife in switz. for 11 years, and currently live together in uk.
I carry US & Canadian passports

Did your British spouse and you return from Switzerland directly to the UK?

If your British spouse lived with you in Switzerland and exercised treaty rights there (by working there) and then both of you returned to the UK directly, then yes, you may be eligible to apply under the Surinder Singh route.

Surinder Singh guidance

Yes, we left switz. and arrived Heathrow.

Thanks for the link , I'll look into it.

Timing ? I know this is difficult but any idea how long the process might take ? Am I likely to run into a Brexit road block.

LinToon wrote: ↑

Wed Feb 21, 2018 12:15 pm

Timing ? I know this is difficult but any idea how long the process might take ? Am I likely to run into a Brexit road block.

Applications for residence cards take a couple/few months. You would still then need to wait 5 years before you can apply for PR, counted from date you entered the UK (Brexit agreement still unclear).

In the event s/s process fails , can you advise what would happen next?