Surinder singh circumventing law

[alphagear]

We have now decided to apply for uk spouse visa when my wife leaves uk after failing surinder singh

Just wondering whether being refused for circumventing immigration rules will be a factor when now applying for spouse visa.

Refusal under 320 (11) perhaps

[rahmsye]

We have now decided to apply for uk spouse visa when my wife leaves uk after failing surinder singh

Just wondering whether being refused for circumventing immigration rules will be a factor when now applying for spouse visa.

Refusal under 320 (11) perhaps

Sorry can i ask did they give any reason how you circumvented immigration rules what evidence did they cite. Only asking because applied under new rules as well.


Thank you

[alphagear]

Not applying entry clearance.

And not staying long enough. We stayed 10 months

[rahmsye]

Not applying entry clearance.

And not staying long enough. We stayed 10 months

Ah so you did not apply for family permit before entering?

Also did you integrate in the eea country not trying to be invasive just wondering what I would have to do if i get sam response as they gave still nto made a decision for me and i applied 27th of november.


Thank you

[alphagear]

Not applying entry clearance.

And not staying long enough. We stayed 10 months

Ah so you did not apply for family permit before entering?

Also did you integrate in the eea country not trying to be invasive just wondering what I would have to do if i get sam response as they gave still nto made a decision for me and i applied 27th of november.


Thank you

Not applying for uk spouse visa/entry clearance Not eea family permit.

[Obie]

Ten months in Ireland seems more than reasonable to me.

Perhaps you should wait for the outcome of the appeal, which in my view does not appear unmeritorious based on the information you have provided us.

She does not need to leave to apply, given that you have a child together.

[alphagear]

She does not need to leave to apply, given that you have a child together

Thanks Obie.

I dont understand this though.

[alphagear]

Ten months in Ireland seems more than reasonable to me.

Perhaps you should wait for the outcome of the appeal, which in my view does not appear unmeritorious based on the information you have provided us.

She does not need to leave to apply, given that you have a child together.

Can they use this 320 (11) on a future application like spouse visa or flr?

We genuinely stayed 10 months. They refused saying why we didnt apply for entry clearance ( circumventing law) and centre of life because we living in same address as before i left. A home which isnt owned by me.

[Obie]

I don't think it is necessary for her to return to her home country in order to succeed. At present it is unclear whether you meet the financial requirement. It is not necessary for her to leave if you have a British child.

The assessment of the Sing point may be found wanting by the tribunal, we don't know. It seems premature to be considering other options at this stage.

[alphagear]

No dont meet financial requirement at present.

Just wondering whether tribunals will simply follow uk legislation rather than eu law which says motive irrelevant.

Im lost for words tbh. Rather have stayed in Ireland.

Also do you reckon if things dont go well it can be used for refusal of spouse visa or flr 320 (11).

I am in process of paying off nhs debt too for childbirth which we were never charged initially but i informed them i am willing to pay since we have been refused.

[Obie]

Well if it is any assistance or provides any hope, the courts are bound by EU law and not UK law.

If UK law failed to apply EU law correctly, the courts, if they are indeed meant to be the courts, are required to disapply UK law and apply EU law directly.

[mkhan2525]

That is a very harsh refusal considering the lenght of time in Ireland.

I thought you were refused because you didn't provide evidence of your economic activities in the UK?

I wouldn't worry too much on the circumvention issue, you will succeed in court if you appeal.

[alphagear]

Can that circumvention issue be used in future spouse applications?

320 (11)

[nawab185]

as you keep asking if it will have an effect on your future application answer is not!
first thing first, you need to meet the income requirement £18600 then you can apply and i don't think your previous refusal will effect your new application under uk immigration rules.

[Obie]

Can that circumvention issue be used in future spouse applications?

320 (11)

320(11) only applies to overseas application, as you wife will be applying from the UK, it will not be necessary.

[alphagear]

If it is refused by FTT tribunal judge will I be able to challenge using errors in law to take case to upper tribunal I.E Eind and Circumventing laws?

What are the chances I can get this case to the Upper tribunal considering Eind and motive not relevent?

[alphagear]

Any ideas guys?

[malik0543]

HI

I would strongly recommend you to fight in the UK and hopefully you will win appeal, its just matter of time.

you only need to provide maximum evidence from Ireland.
e.g letters from different department in Ireland

Tell me what documents did you submit ?

also you can write review letter as well , also involve your MP

[Mortash]

Outside uk is difficult. But i have a question. If your appeal doesn't work your family would consider as a overstayer during the appeal? Or being in th uk during appeal is legal even if appeal refused by court?

[alphagear]

Is circumventing law permissable in eu law.

I really dont understand since i am getting different views.

[alphagear]

Will I be able to take this appeal to upper tribunal in case FTT refuses?

Using Eind and Akrich?

[alphagear]

any ideas guys?

[Obie]

Will I be able to take this appeal to upper tribunal in case FTT refuses?

Using Eind and Akrich?

If there is an error of law in the decision, then the answer is yes.

[tequilabird]

My husband and I are currently in a similar situation.

Husband is a non-EU and we were in Malta for 5 months. Returned on EEA FP (I was pregnant at the time and made them aware of this when we applied for FP). Applied for UKRC September 2016 and refused May 2017 stating circumventing.

We would happily apply under UK law for FLR (M) - it states we can on the refusal notice, but I can't get clear info about this from the HO or lawyers. They are saying he needs to apply outside of the UK or for FLR (FP) or reapply for UKRC. We have appealed, but looking for advice on the best way to turn.

We have a British born daughter aged 7 months old.

[mkhan2525]

At this stage it makes no sense to apply under the Immigration rules if you have met the requirements under EU law.

EU law does not recognise circumventing national immigration law as a means of resusal to issue a residence card and an appeal should succeed.