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  • LAWYER RESPONSE Surinder Singh route

    Hello! Here is our situation, I’m not sure I’m looking in the right direction…
    I am a French citizen married to a British man. I have one daughter (she is 10) and we also have a son (4).
    We are planning to move to the UK in July 2022 but how and where to start?
    I am a teacher qualified in the UK (PGCE languages) and my husband is qualified as a primary school teacher. We (maybe wrongly) assume that we will find a job for next September but we can really only start looking from February/March (when positions open for sept 2022). I would then probably qualify for a skilled worker visa and therefore my daughter would also have the right to state education (entering Y7). It sounds easy, but expensive and also it’s quite late in the year to think of another life plan if this one doesn’t work…
    Therefore, I feel we need to explore other options:
    I have been told about the Surinder Singh route and I believe we would be eligible…
    I have got a few specific questions about it; are there any ‘experts’ on this route that are willing to help?
    Many thanks

  • #2
    Originally posted by Virgestrella View Post
    Hello! Here is our situation, I’m not sure I’m looking in the right direction…
    I am a French citizen married to a British man. I have one daughter (she is 10) and we also have a son (4).
    We are planning to move to the UK in July 2022 but how and where to start?
    I am a teacher qualified in the UK (PGCE languages) and my husband is qualified as a primary school teacher. We (maybe wrongly) assume that we will find a job for next September but we can really only start looking from February/March (when positions open for sept 2022). I would then probably qualify for a skilled worker visa and therefore my daughter would also have the right to state education (entering Y7). It sounds easy, but expensive and also it’s quite late in the year to think of another life plan if this one doesn’t work…
    Therefore, I feel we need to explore other options:
    I have been told about the Surinder Singh route and I believe we would be eligible…
    I have got a few specific questions about it; are there any ‘experts’ on this route that are willing to help?
    Many thanks
    Aron F (lawyer) would you be able to provide some information? Many thanks.

    I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      Hello! Following deep research regarding visas I understand that applying for a skilled worker visa would work for me but not for my daughter who is also a French citizen whose dad (whom I separated 8 years ago) is also a French citizen. I would like to have more information about the ‘sole responsibility’ criteria. Thanks a lot in advance for your help and advice.

      Comment


      • #4
        Originally posted by Virgestrella View Post
        Hello! Here is our situation, I’m not sure I’m looking in the right direction…
        I am a French citizen married to a British man. I have one daughter (she is 10) and we also have a son (4).
        We are planning to move to the UK in July 2022 but how and where to start?
        I am a teacher qualified in the UK (PGCE languages) and my husband is qualified as a primary school teacher. We (maybe wrongly) assume that we will find a job for next September but we can really only start looking from February/March (when positions open for sept 2022). I would then probably qualify for a skilled worker visa and therefore my daughter would also have the right to state education (entering Y7). It sounds easy, but expensive and also it’s quite late in the year to think of another life plan if this one doesn’t work…
        Therefore, I feel we need to explore other options:
        I have been told about the Surinder Singh route and I believe we would be eligible…
        I have got a few specific questions about it; are there any ‘experts’ on this route that are willing to help?
        Many thanks
        Matthew D (lawyer) would you be able to provide some information? Many thanks.

        I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          Originally posted by Virgestrella View Post
          Hello! Here is our situation, I’m not sure I’m looking in the right direction…
          I am a French citizen married to a British man. I have one daughter (she is 10) and we also have a son (4).
          We are planning to move to the UK in July 2022 but how and where to start?
          Afternoon,

          First of all, you should be aware that the deadline for Surinder Singh applications is the end of March 2022, as noted here: Surinder Singh

          Originally posted by Virgestrella View Post
          I am a teacher qualified in the UK (PGCE languages) and my husband is qualified as a primary school teacher. We (maybe wrongly) assume that we will find a job for next September but we can really only start looking from February/March (when positions open for sept 2022). I would then probably qualify for a skilled worker visa and therefore my daughter would also have the right to state education (entering Y7). It sounds easy, but expensive and also it’s quite late in the year to think of another life plan if this one doesn’t work…
          Therefore, I feel we need to explore other options:
          I have been told about the Surinder Singh route and I believe we would be eligible…
          I have got a few specific questions about it; are there any ‘experts’ on this route that are willing to help?
          Many thanks
          The post I linked above says:
          Surinder Singh applications are for family members of British citizens (other than dual EEA/British nationals) who spent time living in another EEA country or Switzerland with their British family member, who could be:

          A spouse or civil partner;
          A child or grandchild under 21 years old;
          A dependent child or grandchild aged 21 years or older; or
          A dependent parent or grandparent.

          Requirements to apply under the Surinder Singh route

          The British family member must have genuinely made their home in the other EEA country. Both have to show that:

          that country was your main residence or base for the ‘centre of your life’
          you lived there together
          you had integrated there

          The British family member must either have the right to permanent residence in the EEA country where you’ve lived together, or have exercised treaty rights as a worker, self-employed person, student or self-sufficient person in accordance with the EEA rules, in that country.

          If the British family member has been back in the UK for more than 3 months, they must also be working, looking for work, self-employed, self-sufficient or studying in the UK.

          VERY IMPORTANT: The deadline to return to the UK with the family member and be eligible to apply via this route is 29 March 2022.

          Evidence to be provided

          Evidence of family relationship, such as a marriage/civil partnership certificate or birth certificate
          Details of time spent in the UK (arrival and departure dates)
          Details of any visa or immigration applications made
          Address(es) in the other EEA country and evidence of living together in that country, such as proof of buying or renting a home.
          Evidence of integration into the local community, proof of speaking the language, having children born or living there
          Proof that the British family member was working, self-employed, self-sufficient or studying in the EEA country where you’ve lived together
          Proof that the British family member is working, looking for work, self-employed, self-sufficient or studying in the UK, if they returned more than 3 months ago.

          Examples of proof include employer’s letters, wage slips, contracts, bank statements, proof of tax registration, or proof of enrolment and attendance for study.

          A certified translation of all documents that are not in English is required.

          You cannot apply online under this route

          Request a paper form: https://eu-settled-status-enquiries.service.gov.uk/question

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment


          • #6
            Originally posted by Virgestrella View Post
            Hello! Following deep research regarding visas I understand that applying for a skilled worker visa would work for me but not for my daughter who is also a French citizen whose dad (whom I separated 8 years ago) is also a French citizen. I would like to have more information about the ‘sole responsibility’ criteria. Thanks a lot in advance for your help and advice.
            I have moved your post to your existing thread to keep it all together. Do bear in mind the skilled worker visa is very different from Surinder Singh. It is a very common misconception to assume that all you'd need is to find a job, in reality, the skilled worker visa requires:
            • A firm job offer;
            • The offer must be from an employer who is willing to sponsor you;
            • The employer must have a certificate of sponsorship to be able to sponsor you;
            • The job must be on the list of eligible occupations; and
            • You must be paid a minimum amount.
            The skilled worker visa ties you to your sponsor employer for 5 years, and, in addition to the above, you will also need to pay visa fees as well as a surcharge to enable you to use the NHS.

            I would suggest looking into Surinder Singh first, and only leave this route as a last resort, since it looks like you and your family would fall under the above criteria.

            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

            Comment


            • #7
              First of all thank you for taking the time to reply and the information you provided is very useful.
              I have more specific questions regarding the SS route as I find the wording confusing.
              1/ Can we apply from France? (It says ‘details of time spent in the uk’)
              2/ it says ‘proof the British citizen was working’ : my husband worked for 5 years in a school. He is now retraining and receives French state benefits. (For 7 months)
              He is looking for a job in the UK and could declare himself self-employed in France if necessary but wouldn’t have any payslips for it.
              3/ the deadline: 29/03/22. What’s the latest we should submit our application?
              I understand that’s the date we need to return to the UK, but after that what happens concretely?
              In a fantastic world, with the information I’ve been reading, this is how I imagined we could do: send application in January, receive the approval in February, travel to the UK 2/3 days before 29th March 22 but return to France beginning of April to finish the school year whilst waiting for the decision.
              Do they take our passports for the application? If so, how long for shall we expect?
              4/ would the ‘sole responsibility’ criteria apply anyway for this route?

              many many thanks!

              Comment


              • #8
                Originally posted by Virgestrella View Post
                First of all thank you for taking the time to reply and the information you provided is very useful.
                I have more specific questions regarding the SS route as I find the wording confusing.
                1/ Can we apply from France? (It says ‘details of time spent in the uk’)
                Afternoon,

                Yes, it's not possible to travel to the UK as a visitor and apply here, so the application has to be made from abroad.

                Originally posted by Virgestrella View Post
                2/ it says ‘proof the British citizen was working’ : my husband worked for 5 years in a school. He is now retraining and receives French state benefits. (For 7 months)
                He is looking for a job in the UK and could declare himself self-employed in France if necessary but wouldn’t have any payslips for it.
                You will also note the following:
                The British family member must either have the right to permanent residence in the EEA country where you’ve lived together, or have exercised treaty rights as a worker, self-employed person, student or self-sufficient person in accordance with the EEA rules, in that country.
                The right to permanent residence is acquired automatically after exercising treaty rights, such as working, for a continuous 5 year period, so he should be able to show that with evidence of his 5 years' work, once PR status is acquired, there's no longer a need to continue to work, exercise treaty rights, etc.


                I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                Comment


                • #9

                  Originally posted by Virgestrella View Post
                  3/ the deadline: 29/03/22. What’s the latest we should submit our application?
                  If you look at the official page: Apply for an EU Settlement Scheme family permit to join family in the UK: Apply if you lived outside the UK with a British citizen - GOV.UK

                  ...it says:
                  You can apply for an EU Settlement Scheme family permit to come to the UK with an eligible family member if both of the following apply:
                  • they’re a British citizen
                  • you lived with them in the EU, Switzerland, Norway, Iceland or Liechtenstein before 31 December 2020

                  This is also known as a ‘Surinder Singh’ application.

                  If your relationship with them started before 1 February 2020, you have until 29 March 2022 to apply for a family permit to come back to the UK.
                  So that's the last day to apply for the permit, not to actually come to the UK.

                  By the way, please ignore the last line on that page which says there is no deadline for applications, that refers to family permits in general, however, there is a specific deadline for Surinder Singh applications, having that at the bottom of this page is one of them government oversights!

                  I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                  Comment


                  • #10

                    Originally posted by Virgestrella View Post
                    I understand that’s the date we need to return to the UK, but after that what happens concretely?
                    This other page: Apply for an EU Settlement Scheme family permit to join family in the UK: After you get a family permit - GOV.UK

                    ...says:
                    Your EU Settlement Scheme family permit will be valid for either 4 or 6 months.

                    If your application is approved more than 3 months before your planned arrival date, it will be valid for 4 months from your planned arrival date.

                    If your application is approved less than 3 months before your planned arrival date, it will be valid for 6 months from the date of decision on your application. Staying in the UK after your family permit expires


                    You can apply to the EU Settlement Scheme to stay in the UK after your family permit expires. You usually need to apply within 3 months of arriving in the UK or before your family permit expires.

                    You might be able to apply later if you can show ‘reasonable grounds’ (such as medical reasons, or being the victim of domestic abuse) for why you could not apply by the deadline.

                    If your application is successful, you’ll usually get pre-settled status. This means you’ll be able to stay in the UK for a further 5 years.

                    You can apply for settled status once you’ve been in the UK for 5 years, which will allow you to stay for as long as you like.

                    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                    Comment


                    • #11


                      Originally posted by Virgestrella View Post
                      In a fantastic world, with the information I’ve been reading, this is how I imagined we could do: send application in January, receive the approval in February, travel to the UK 2/3 days before 29th March 22 but return to France beginning of April to finish the school year whilst waiting for the decision.
                      See above for dates and timeframes. The permit is valid for multiple entries to the UK during its validity.


                      Originally posted by Virgestrella View Post
                      Do they take our passports for the application? If so, how long for shall we expect?
                      It is my understanding TLS is offering an option to retain your passport until a decision is made, for a fee, TLS is the outfit that handles these applications in most of Europe. It's hard to anticipate how long it would take, family permits didn't use to take more than around 6 weeks but, lately, due to a large number of applications, they have been taking as long as 3 to 4 months. Which isn't really a bad thing in your case, since it looks like you wish to stay in France a bit longer anyway.


                      Originally posted by Virgestrella View Post
                      4/ would the ‘sole responsibility’ criteria apply anyway for this route?

                      many many thanks!
                      Would you be able to clarify what this refers to?

                      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                      Comment


                      • #12
                        Many many thanks for being so clear! I thought we had to apply and actually be back in the UK before the 29th March…

                        Regarding ‘sole responsibility’: my daughter is not my husband’s daughter. She is a French citizen, like me. I read that the Immigration HO is very strict with children’s visas.
                        Here is what I read about it: Unfortunately, legal responsibility is insufficient proof of sole responsibility according to the Home Office stipulations. Therefore, it would be inadequate for a parent just to provide proof of child custody by a family court. Nonetheless, legal responsibility counts as one of the critical considerations when the ECO (entry clearance officer) determines the visa application.

                        So when I apply through Surinder Singh, can I apply for my daughter? Does she need to have an application for herself (she is 10)? And most importantly, do we need to provide all the evidence that I have ‘sole responsibility’? (Which is not the case as it’s different from sole custody’?

                        many thanks,

                        Comment


                        • #13
                          Originally posted by Virgestrella View Post
                          Many many thanks for being so clear! I thought we had to apply and actually be back in the UK before the 29th March…

                          Regarding ‘sole responsibility’: my daughter is not my husband’s daughter. She is a French citizen, like me. I read that the Immigration HO is very strict with children’s visas.
                          Here is what I read about it: Unfortunately, legal responsibility is insufficient proof of sole responsibility according to the Home Office stipulations. Therefore, it would be inadequate for a parent just to provide proof of child custody by a family court. Nonetheless, legal responsibility counts as one of the critical considerations when the ECO (entry clearance officer) determines the visa application.

                          So when I apply through Surinder Singh, can I apply for my daughter? Does she need to have an application for herself (she is 10)? And most importantly, do we need to provide all the evidence that I have ‘sole responsibility’? (Which is not the case as it’s different from sole custody’?

                          many thanks,
                          Melissa V (lawyer) Would you be able to comment on the above situation?

                          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                          Comment


                          • #14
                            Hi. Essentially the Home Office will take a view on whether your husband is legally responsible for his step-daughter. This will be decided based on a number of considerations which can include any custody arrangement, who has financial responsibility for your daughter, who she lives with, who takes decisions in her life, whether her biological father is involved in her life and gives permission for her to move to the UK. There is no one definition; it will be a subjective decision based on your own individual circumstances. Your daughter can be included in your application but do send as much information regarding the above as possible.

                            I am a Solicitor and Head of Immigration at Wells Burcombe Solicitors LLP, a firm Authorised and Regulated by the Solicitors Regulation Authority SRA No. 488294. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Melissa V for full details.

                            Comment


                            • #15
                              Many thanks for the information you provided. What about if the father is involved in her life and gives consent for her to go; wouldn’t that be taken against us as we needed the father’s consent to go so it means we don’t have sole responsibility?

                              Comment

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