Canadian citizen to UK resident

[TheSpouse]

Thanks , and no of course I wouldn't ask for specific recommendations but starting points are a help.

Cheers

[Casa]

As mentioned previously, if consulting an OISC registered Immigration Advisor I would advise you to choose one who is qualified at OISC level 3.

[noajthan]

Stop press: there does now appear to have been a step-change in HO policy - DCPR is no longer mandatory when applying to naturalise:
http://www.immigrationboards.com/eea-ro ... l#p1377475

DCPR may still be advisable though, not only in order to reduce potential delays during processing but also to 'test the water' before shooting for citizenship (and putting a considerable application fee at stake).

[TheSpouse]

DCPR ?

[noajthan]

DCPR ?

Document certifying permanent residence.

[TheSpouse]

Hello again all,

I'd like your opinion regarding an opinion.

The Mrs. and I went to see a solicitor a few days ago and overall her opinion re. my case is favourable however she thinks I may have trouble;

1) that I've been in the country too long ( Dec. '12 ) without filing for RC

and conversly

2) I've been away from Switzerland too long to use 2016 as a date of entry to the UK using Switzerland as my centre of life.

Your opinions , as always , are greatly appreciated
G..

p.s. - have the boards been down a few days ?

[CR001]

p.s. - have the boards been down a few days ?

Yes, it was down, but seems to be sorted now.

[noajthan]

Hello again all,

I'd like your opinion regarding an opinion.

The Mrs. and I went to see a solicitor a few days ago and overall her opinion re. my case is favourable however she thinks I may have trouble;

1) that I've been in the country too long ( Dec. '12 ) without filing for RC

and conversly

2) I've been away from Switzerland too long to use 2016 as a date of entry to the UK using Switzerland as my centre of life.

Your opinions , as always , are greatly appreciated
G..

p.s. - have the boards been down a few days ?

1) RC is optional.

2) 2016?
Anyway, whatever the date is ...

Disagree. How did the advisor justify her position?

You will just have to prove PR status has not been lost by a subsequent absence from UK (of 2 years or more).

PS Yes.

[TheSpouse]

Noajthan , in case 2" I was using a recent entry date allowing that my solicitor was correct that a 2012 time line was too old to start application now.

Also she did not justify her statement other than to say "they" ( customs and immigration ) may deny based on delay of filing. She gave no legal standpoint.

[noajthan]

Noajthan , in case 2" I was using a recent entry date allowing that my solicitor was correct that a 2012 time line was too old to start application now.

Also she did not justify her statement other than to say "they" ( customs and immigration ) may deny based on delay of filing. She gave no legal standpoint.

What kind of solicitor was it? She's having a laugh

Solicitor appears to be misguided and misguiding you.

If you can come up with the evidence you can make a case for 200-whenever.

If you did acquire PR 'back in the day' and have stayed in UK you will still be settled with PR now.
DCPR only confirms it, doesn't confer it.

[TheSpouse]

Cheers , or as they say in the USA and Canada --- thanks !

[noajthan]

noajthan ... you have been really helpful and spent quite some time on this for us - most grateful. I left Switzerland to come back to the UK officially in December 2012. My husband has been travelling since then, spending much of his time, on and off, in the UK. Can we still use Switzerland as the "centre of life" even though it ceased to be some time ago?

By definition all applications under Surinder Singh relate to the past.

Suggest look at the RC form and guidance (linked above).
Also review the UK 'col' guidance (as above).
Assemble your evidence, both from Switzerland years and subsequent UK years - it needs to be rock-solid if not unimpeachable.
See how it all stacks up.

Note any subsequent absence from UK (since return in 2012) of over 6 months by either party will have broken continuity of residence in UK unless its for a one-off exceptional reason (of up to 12 months);
eg due to pregnancy, military service, work/study placement (or some combination of these).

If you have both been based in UK since 2012 then hubby may acquire PR as early as your 5th anniversary of return to UK, ie sometime in 2017.

fyi - the BC sponsor does not have to exercise treaty rights back in UK (due to case law of Eind) so dependent's acquisition of PR simply depends on residence in UK (assuming you remain married to each other).

More specific guidance on the relationship of UK and Switzerland in the EU migration/free movement context:
https://www.gov.uk/government/uploads/s ... _0_EXT.pdf