Surinder Singh Permanent Residence - New Regulations

[gmchowe]

I'm looking for some advice on our EEA Permanent Residence Application.

I'm a British citizen and my non-EEA wife and I lived for a short period in Ireland. I lived and worked in Ireland for five months and my wife and I lived together for three months before moving to the UK. She was granted a Family Permit under the Surinder Singh rules in 2011 and in 2012 was granted a Residence card.

We submitted the permanent residence application on 10th November, payment was taken on the 14th and biometrics given shortly afterwards. After 6 months of silence, we received a letter this morning advising that the application must now be decided under the new Regulation 9 which came into effect on 25 November (after we submitted our application) and we are required to submit additional supporting evidence including: proof that I transferred my centre of life, the nature and quality of my accommodation, proof of length of time jointly resident.

Are the Home really applying the new regulations to applications which were submitted before the change in regulations? We didn't live in Ireland to circumvent UK immigration laws, I moved there genuinely intending to remain there permanently, however I can see how given the short amount of time we were there it may not look that way to an immigration officer. I've already given them every document I have and have no new evidence to provide.

I'm very concerned at the prospect of this application being refused. It seems unfair given that my wife was granted a family permit and residence card on the evidence I've supplied that we now face the prospect of being refused on the same evidence because of a retrospective change to the law.

[nawab185]

i think it will be fine for permanent residence card application as your wife have got residence card from uk and you have completed your 5 years and i guess now you would have to submit documents for living in the uk not ireland.
im also going to use the same route just waiting to submit Family permit before i come to uk
if there is any advice you can give will be appreciated
thanks

[gmchowe]

Actually no. The letter specifically requires me to provide additional documentation relating to the period in which we were resident in Ireland. This is to satisfy the requirement that the British Citizen moved "the centre of his or her life" to the EEA member state.

Previously this condition only applied to those applying on the Surinder Singh route from 2014 onwards however it appears that the Immigration (European Economic Area) Regulations 2016 now requires all applicants to satisfy this condition and the letter which I have received is specifically asking me for documentary evidence to satisfy this condition even though it didn't apply when we applied for both the family permit and residence card.

The 2016 act also includes this "Genuine Residence" condition where applicants must satisfy the home office that the reason for living in the EEA member state was not to circumvent UK immigration regulations. Again this didn't apply before. Previously, the guidance notes said that the motive for moving to the EEA member state was irrelevant.

Whether or not they will refuse the application on this basis I don't know but the letters seems to suggest that these changes are being applied retrospectively.

[mrsfe]

Hi,

I am a Non-EU spouse of a British Citizen and we chose the Surinder Singh route after our immigration lawyer advised us it would be more relevant to our situation. Our situation being we met in Spain and lived there for 3 years (also marrying there) and have since decided to move to the U.K. I applied end of October 2016 and on April 24th received the same letter as you asking for MORE documents along with 1 1/2 pages of extra questions. My letter also stated that this was because of the amendments to regulation 9 which again same as you came into effect after I submitted my application. After some research I can confirm that the amendments are retrospective and are blatantly illegal under EU law. I returned the letter along with as many documents that could be relevant to their questions which was a struggle because I sent in a thick set of documents with the original application. This was mailed on May 3rd and received on the 4th.

Regarding the fact that the regulation 9 amendments 2016 act in contrast to EU law, I did intend to write a cover letter citing case law and EU law but found people who had had their applications denied for doing this. The official reason being they must have used their legal knowledge to circumvent the law. So honestly I am quite nervous I will be denied. I know I've only been here just over 6 months but I have a job, a new home, the thought of uprooting all of that and having to move my husband, also employed, to go back to my home country and try again there is exhausting.

I'm sorry for the lengthy story but I wanted to share that I am in a similar situation, although your story makes me dreadful of the fact that I will go through this all over again in 5 years, pending approval of this application. I will update you when I hear back from the Home Office re: the amendment letter. Since April 24th was pretty much exactly 6 months from when we sent the application we got overly excited that we had received a decision. Also, since there is no protocol on waiting times in this situation,and we've exceeded the 6 months, I am nervous as to how much longer we will be waiting.

I wish you the best of luck!

[gmchowe]

I can't believe they're applying these changes retrospectively.

We've been here five and half years, followed all of these rules and then suddenly the government moves the goalposts and is potentially saying that, although my wife held an EEA residence card throughout the entire period, she might actually never have had the right to live here at all because of a retrospective change to the law.

We have jobs, a mortgage and a child. This is absolutely no way to treat people.

[Buzz]

I received the same letter just yesterday i am confused i do not know how to answer the questions

[alphagear]

I received the same letter just yesterday i am confused i do not know how to answer the questions

Did they also ask about exercising treaty rights?

[tmonaghan]

Surinder Singh route are for people who genuinely met in another EU Member State, and that they have contacted the HO for clarification about the SS route and you were told by the HO that SS route would apply to your circumstances at the time of the call you made to the HO for advice.. If you genuinely met outside the UK and decided to go through the SS route; you would be expected to provide a large volume of documentation that will be used to evidence that you did not created a situation to take advantage of the SS route, thereby circumventing UK Immigration Laws. The HO will want to know why you have not used the domestic Immigration rules instead of the SS route, and they will expect you to show that through your supported documentation.

[gmchowe]

We answered the questions from the letter as best as we could and the PR arrived in the post today.

[Buzz]

Congratulations!!
I just send my answer back on Monday... how long did it take for them to get back after you answered the questions.

[CA007]

Hi guys i am in a same situation like you. But my PR application is due by end of this year. I just want to find out from the people who already applied there PR application under surinder singh or they got their decision back to them,

Did you demonstrate that your British citizen has been a qualified person throughout the 5 years in the UK after their return from another EEA state. Or if you were their non eu family member and BC has been a student or self sufficient so you had CSI cover throughout 5 years in the uk after returning from another EEA state?

Or simply you just provided the evidence that the BC has been residing in UK throughout the 5years and tou were living with them in UK ? Many thanks

[gmchowe]

It took them a month after I sent back the answers to the questions on their letter.

I sent a letter from my employer which confirms I have been employed for the last 6 years to demonstrate that I was a qualified person.

[CA007]

Thanks for sharing your experience with us. As far as i know before the current changes in EEA regulations. BC was not necassary to be a qualified person once they return back to UK because the CASE JUDGEMENT OF EIND. I would be greatful if somebody else shares their experience of PR application under Surinder when they didnt demonstrated that their BC was not qualified person back then. And what outcome they got. Thanks

[mkhan2525]

For PR applications I think you just need to show that the BC and family member have been resident in the UK for 5 years.

Continuous residence in the UK for 5years
You must make sure the applicant, their British citizen sponsor and any family members included in the application have been resident in the UK for a continuous period of 5 years. You should note that family members of British citizens who are claiming a right of permanent residence on the basis that the British
citizen is a worker or self-employed person who has ceased activity are not required to have completed 5 years’ residence in the UK.

For information on calculating the continuous residence period, see: the assessing continuous residence section of the Qualified persons guidance.

https://www.gov.uk/government/uploads/s ... s-v2_0.pdf

[JulietSoul]

Hi,

Just wanted to ask whether any of the people asking questions on this thread have had decisions made on their PR applications?
I am worried now, as I am due to apply for my PR in a year and my husband was a student for some of the time, and I did not have CSI as I didn't know about the qualified person retroactive regulation.

[greatscott]

Regarding the fact that the regulation 9 amendments 2016 act in contrast to EU law, I did intend to write a cover letter citing case law and EU law but found people who had had their applications denied for doing this. The official reason being they must have used their legal knowledge to circumvent the law.

So, while ignorance is no excuse and applicants are expected to know every rule EXCEPT of course if an applicant knows too much, then that will be held against them. So now everyone 'in the know' has to pretend that they know nothing in order to outfox HO.
I'm not playing that game. And if they are letting 'undesirable' people in left, right, and centre because they are being played, then that's on them and good luck to this country.

We've been waiting over 9 months for a spouse PR-- simple application. No questions or requests for documents except biometrics and the infamous '4-page questionnaire' that we all have to pretend to not to know the rules about.

I think there is something fishy going on.

[JulietSoul]

Regarding the fact that the regulation 9 amendments 2016 act in contrast to EU law, I did intend to write a cover letter citing case law and EU law but found people who had had their applications denied for doing this. The official reason being they must have used their legal knowledge to circumvent the law.

So, while ignorance is no excuse and applicants are expected to know every rule EXCEPT of course if an applicant knows too much, then that will be held against them. So now everyone 'in the know' has to pretend that they know nothing in order to outfox HO.
I'm not playing that game. And if they are letting 'undesirable' people in left, right, and centre because they are being played, then that's on them and good luck to this country.

We've been waiting over 9 months for a spouse PR-- simple application. No questions or requests for documents except biometrics and the infamous '4-page questionnaire' that we all have to pretend to not to know the rules about.

I think there is something fishy going on.

How awful. I wish you the best of luck and do keep us posted.

[tmonaghan]

OK, if it makes you feel better; and I hope the HO will find common groundswith the EU about EU Citizens who have been living in the UK to settle permanently for the rest of their lives. If it goes accordingly Mrs May offered those who already have PR and those who have been student or self-employed without forgetting self-suffient EU Citizens to stay in the UK post Brexit. She stated that all of us who already have PR to reapply for the Settled Status with the same rights that British Citizens enjoy; except the right to vote. She also stated that those who have been in the UK for less than five years; they will be able to register to remain in the UK and apply for Settled Status once you acquired five years of residence. What she said also is that all those who have been living in the UK under EU Law and did not have CSI; the Home Office will not request that to be mandatory when applying for Settled Status. Unless there is an urgency for you to apply for PR; know that post Brexit a new system will be put in place for EU Citizens to apply for their rights to remain in the UK even though you already applied for Permanent Residence.

[Graham Weifang]

Hi All,

I am a British Citizen from birth.
My wife is Chinese citizen.
Our EEA2 was issued without problems in October 2013.
Her will be applying for the EEA4, or its equivalent in October 2018.
I guess we may be informed that the rules will also be applied to us retrospectively.?

I can demonstrate that I as a British citizen have been a qualified person throughout the 5 years in the UK after our return from another EEA state, as can my wife, but this is not the question, and is I feel irreverent.
We also have a mortgage free house through all our hard work.
Her has started he Accountancy Masters degree at a University.

Not really fair to be asked to provide even more information than previously, as one previous poster said, "the goal posts have been moved"

Sure, I can expect couples wishing to use the SS route after the regulation 9 amendments 2016 act came into place, but surely not the ones who were en-route before this regulation 9 amendment.

GW

[Graham Weifang]

We answered the questions from the letter as best as we could and the PR arrived in the post today.

Hi,

Can I ask when you both arrived in UK, and when did you receive your EEA2, the 5 year residence vignette in her passport?

Thanks

[CA007]

Hi Guys this is the latest reply to Britcits by HO regarding the RC and especially the PR applications under SURINDER singh route,







Direct Communications Unit
2 XXXX Street
London
XXXXXX
Tel: 020 7035 XXXX
Fax: 020 7035 XXXX
www.homeoffice.gov.uk


BritCits
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx


Reference: T6292/XXXXX July 2017



Dear BritCits,

Thank you for your letter of 27 June about family members of British citizens seeking documentation confirming their right of residence in the UK under European Union (EU) law.

As explained in our previous replies, all applications for European Economic Area (EEA) documentation made by family members of British citizens which are decided on or after 25 November 2016 are considered under regulation 9 of the 2016 Regulations and additionally under regulation 15 if the application is for a document certifying permanent residence or a permanent residence card. No applications decided on or after 25 November 2016 are considered under the Immigration (European Economic Area) Regulations 2006 (‘the 2006 Regulations’).

Transitional provisions at paragraph 8 of Schedule 6 to the 2016 Regulations provide for any period of time during which an EEA national resided in the UK in accordance with the 2006 regulations is to be taken into account for the purpose of calculating periods of residence in accordance with the 2016 Regulations.

We intend to update our published guidance ‘Free movement rights: family members of British citizens’ to clarify how periods of residence whilst in possession of a residence document previously issued under regulation 9, can be taken into account for the purpose of an application for permanent residence documentation. The guidance, when updated, will be available here: www.gov.uk/government/collections/eea-s ... d-guidance.

If you have a question about individual circumstances you may wish to seek legal advice.

Yours sincerely




L. XXXX
Border, Immigration and Citizenship System Policy and Strategy Group
Email: xxxxxx.xxxxxxxxx@xxxxxxxxxx.xxx.xxx.xx