Surinder Singh route whilst pregnant

xdaniix89 · Post by **xdaniix89** » Fri Sep 21, 2012 12:25 pm

Hi everyone, havnt been on here in a while but we are starting to think about applying for the entry clearance soon so would really appreciate some help/advice. As the title says, Im a brit national, husband is non-eea and we recently found out I am pregnant. We already ahve one child together.
So as our situation has changed slightly I have a few new questions!!
I of course hope to find work asap in England and am confident my pregnancy wont affect that. I'll be around 5/6 months so still able to work. I'll also be registering as self-employed with a large cosmetics chain although that wont generate much income. We are aiming to apply for the 5year permit in January, 2months before the birth how interested are they going to be in future employment, if for example, I only have temporary part-time work? Do I even have to tell them I am pregnant?
As far as I know, if I've worked there long enough before baby is due end of March, I'll be eligable for Statutory Maternity Allowance and that that will cover me for the Family Permit application but what if I'm not eligable? The time I have to take off for the birth and recovery, will it be considered as time unemployed if I'm recieving no wages, no maternity pay or allowance? I ask this with permanent residence in mind over the 5year period I belive I will have to show all earnings? Also, incase the application is refused and we have to extend and then reapply after the babys born.

A friend whos husband was granted the entry clearance has said that the 5year application (for surinder singh applicants) has very little to do with your current employment and concentrates more again on what you did in the EU country before hand. Is this correct?

Sorry its a long one! If anyone has any experience with a similar case or has any links I would really appreciate it.
Thanks for reading!

Post by **Jambo** » Fri Sep 21, 2012 12:36 pm

xdaniix89 wrote:A friend whos husband was granted the entry clearance has said that the 5year application (for surinder singh applicants) has very little to do with your current employment and concentrates more again on what you did in the EU country before hand. Is this correct?

Yes. There is no requirement to show economic activity once you return to the UK.

See more - UKBA finally acknowledge 'Eind' case!.

xdaniix89 · Post by **xdaniix89** » Fri Sep 21, 2012 12:43 pm

Oh ok! Thanks for the reply. That's good news! So is it really as simple as just re-submitting all my Greek papers? I mean, I have nothing to worry about? Sounds too good to be true!

ruthie · Post by **ruthie** » Fri Sep 21, 2012 12:48 pm

Please allow me to ask a related question. In such a case, does it mean the partner would have to show proof of Comprehensive Medical Insurance?

Post by **Jambo** » Fri Sep 21, 2012 12:51 pm

xdaniix89 wrote:Oh ok! Thanks for the reply. That's good news! So is it really as simple as just re-submitting all my Greek papers? I mean, I have nothing to worry about? Sounds too good to be true!

Yes. We all love the EU

If you check the RC application form (EEA2), there is a section about Surinder Singh which states that the evidence required is of treaty rights in another EEA state.

Post by **Jambo** » Fri Sep 21, 2012 12:52 pm

ruthie wrote:Please allow me to ask a related question. In such a case, does it mean the partner would have to show proof of Comprehensive Medical Insurance?

No. CSI is not required in Surinder Singh cases.

xdaniix89 · Post by **xdaniix89** » Fri Sep 21, 2012 12:53 pm

Oh yes, I'd forgotten about this. So if I am unemployed, would my husband, son and I need insurance or just my husband? My son is a british national.

Also, have just found this for anyone who wants it in laymans terms like me!
Because EEA nationals have an initial three months right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. Therefore, an EEA family permit can be issued to the non-EEA national family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident.

It does not matter if the only reason the British national went to another Member State was to exercise an economic Treaty right was so that he / she could come back to the UK with his / her family members under EC law.

The ECO should seek advice from ECCCAT where unsure about the decision to be taken in applying the Surinder Singh judgement.

xdaniix89 · Post by **xdaniix89** » Fri Sep 21, 2012 12:55 pm

Ok thanks Jambo, sorry posted before I saw your reply!

xdaniix89 · Post by **xdaniix89** » Fri Sep 21, 2012 2:05 pm

I'm a bit confused now...on a different forum and advisor has told me that the 5 year application DOES rely on employment in the UK??

''The family permit application relies on what you have done in the EU country before applying. The 5 year residence card depends on what you are doing int he UK''

Can someone explain this to me...We get an entry clearance valid for 6months, then we apply for the Family Permit right? Valid for 5 years. She refers to it as a residence card. Is this different to the family permit. I'm getting mixed information now

Post by **Jambo** » Fri Sep 21, 2012 2:13 pm

Victoria is wrong.

For Surinder Singh applications, what you need to do in the UK is to be present. Nothing else.

You first get a EEA Family Permit for 6 months which acts as an Entry Clearance. Then you apply for a 5 years Residence Card.

xdaniix89 · Post by **xdaniix89** » Fri Sep 21, 2012 2:18 pm

I was going to post a link but wasn't sure if i should haha. Ok, thanks. It's very confusing when you dont fully understand all the jargon etc thanks again for the help

xdaniix89 · Post by **xdaniix89** » Fri Sep 21, 2012 2:21 pm

Oh, so its 100% definite that I do not need to be working for the residence card??

Post by **Jambo** » Fri Sep 21, 2012 2:21 pm

Read the Residence Card application form - EE2. In particular the guidance in Section 5 on page 11.

Post by **Jambo** » Fri Sep 21, 2012 2:27 pm

xdaniix89 wrote:Oh, so its 100% definite that I do not need to be working for the residence card??

If you had followed the link I posted in my first response, you would have read the HO statement:

UKBA FOI response 23660 wrote:The UK Border Agency acknowledges the judgment in Eind and as a result there is
no requirement for UK nationals who seek to rely on the provisions of regulation 9 to
sponsor their family members under the Regulations to provide evidence of
employment or self-employment on their return to the UK.

It can't get more official than that !

xdaniix89 · Post by **xdaniix89** » Fri Sep 21, 2012 2:30 pm

Ok thanks again. I did follow the link, Its all just a bit confusing!

xdaniix89 · Post by **xdaniix89** » Sat Sep 22, 2012 8:57 am

It seems on the other forum they were unaware the HO implemented Eind! Alot of people seem to be which is abit worrying! Hence all my confusion. Thank you for the correct information.

Post by **Jambo** » Sat Sep 22, 2012 11:01 am

Some people find it difficult to admit when they are proved wrong.

You now know where to go next time you have an immigration question

xdaniix89 · Post by **xdaniix89** » Sat Sep 22, 2012 2:17 pm

Yes they do! Can I ask one more question....My husband says he was told yesterday when enquiring about his Greek residency (he renews his permit every 2 years) that if he applies for long-term residency, 5 years, here in Greece he can go to the UK as a Greek national does? Is this true? I don;t believe it is, I could be wrong, but isn't residency just residency no matter how long it's for?

Post by **Jambo** » Sat Sep 22, 2012 5:44 pm

xdaniix89 wrote:Is this true?

It's not true. Long residence might give some privileges within the Schengen area (not even sure about that) but definitely has no impact on your status in the UK.

xdaniix89 · Post by **xdaniix89** » Sat Sep 22, 2012 7:30 pm

Thats what I thought. Have just read somewhere that if he gets it through being married to an EU national its only valid for Greece, not EU-wide/transferable.

Post by **Jambo** » Mon Sep 24, 2012 8:50 am

Hi everyone, yet another question I hope someone can help me with!

I know when it comes to supporting documents they want the minimum basic but it dawned on me last night this might not be enough in our case.

When it comes to work I'll have a letter from the company stating when I commenced work and when I will finish, what hours etc and then a letter for each month saying how much I earned and how much tax I payed. These are kind of printed out A4 papers although have company header and stamped etc. I mean its not like in the UK where you get a little official looking slip of paper.

When it comes to showing my husband and I live at the same address this is difficult. We stay in staff accommodation together with our son (we work for the same employer) and there is nothing official to say so except a letter from the employer/company - as official looking as possible. My husband has a phone bill in his name at this address and I have my tax, health insurance documents and bank account but no utility bills or tenancy agreement etc will this be enough?We also cant get a document from the town hall like others have because we don't rent as such!

I do not have a residence card. I was told from the start I did not need one and when I went ahead and tried to apply for one anyway they made it extremely difficult for me and kept insisting I didn't need it. I wrote on here about that I think. I never got it but will employment papers, bank account, tax and health papers be enough to show all this?

We have our marriage certificate and sons birth certificate (with husband as his father) and husbands Greek residence/work permit.

Are we going to need more than this? Did anyone else have a similar situation where you maybe didn't have official documents for living together?
Many thanks in advance for any replies.

It is better to continue in your previous post as it provides the background for your case. Otherwise, it is not clear from your post that you are British and applying under Surinder Singh (and that is why you need to prove you lived together in another EEA state).

Try to get as much documents as you can but use the best one when you apply (to make the application simple) and keep the rest just in case. There are no guidelines which documents should be presented and I would think that a letter from the landlord/owner of the property confirming your rental "contract" should be good enough for the UK authorities.

Post by **EUsmileWEallsmile** » Mon Sep 24, 2012 8:51 am

Thanks Jambo, you beat me to it!

xdaniix89 · Post by **xdaniix89** » Mon Sep 24, 2012 9:14 am

Ok thank you.
Sorry I was going to and then thought it's kind of a different subject and didn't want people to read the original post, think 'that doesn't apply to me' and not read on if that makes sense!

Post by **EUsmileWEallsmile** » Mon Sep 24, 2012 7:53 pm

xdaniix89 wrote:Ok thank you.
Sorry I was going to and then thought it's kind of a different subject and didn't want people to read the original post, think 'that doesn't apply to me' and not read on if that makes sense! :oops:

Please don't worry, it's not a problem. Jambo explained why it's helpful to post in the same thread.

If it's a completely different topic, feel free to start a new thread - just remember that you may need to repeat your details if relevant as not everyone will remember your particulars.

Best of luck!

xdaniix89 · Post by **xdaniix89** » Tue Sep 25, 2012 4:56 pm

Ok, thanks

Anyone know if surinder singh EEA2 applications are likely to be processed any quicker than the normal eu national appliciations? I know theres no way of knowing how long they will take and have to be decided withing 6months and from reading other peoples experiences it seems to take 3-6months but was wondering if anyone had noticed SS applications moving a bit quicker now as they're more straight forward?

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Surinder Singh route whilst pregnant

Surinder Singh route whilst pregnant

Re: Surinder Singh route whilst pregnant