LAWYER RESPONSE UK National with EU family

[JFT]

Dear All, I am a 38 year Dual National of Germany and the UK. I am British by descent. My Partner and our two daughters, of which one is 4 years and one 4 months old are currently German nationals. We want to go to the UK and live in Manchester permanently but currently live in Berlin. Also, I have been unemployed here the last 6 months so we received benefits. This is one big reason why we want to move. I want to work in the UK and I am confident I will find a Job there fairly quickly. My question is, whether I can still apply for EU Settlement Scheme and take them with me, or whether I should rather go alone in December 2021 and get a Job and a house first. Would I then have better chances of bringing my family to the UK? Also, would I have to pay the NHS Surcharge in order to bring them? I honestly dont even know which Visa to apply for either Family Visa or EU Settlement Scheme...I would be immensely appreciative of any advice on how to best go about it.

Thank You So Much.

John

[Site Admin]

Louis M (lawyer) Am I right in saying Surinder Singh wouldn't be an option here because they are British by descent born in Germany, as opposed to having moved to another EU country from the UK? And if so, their only option would be Appendix FM?

[JFT]

Hi. Thanks for the Input. I applied yesterday for EU Settlement Scheme and was asked to supply my British Passport, my partners German passport and our Rental Agreement (From 2017) as proof of our relationship. Also, Bills of my partner to the common address. Furthermore, I explained that we apply belated because she was pregnant at the time with twins and we lost one them. Travel would therefore have been too stressful for her. I evidence of this of course which I will give in. Also, I stated that she couldn't be vaccinated while she was pregnant.
I hope we get the Visa, but will have to see. I thank you for the advice. All the Best for you. John

[Site Admin]

Hi. Thanks for the Input. I applied yesterday for EU Settlement Scheme and was asked to supply my British Passport, my partners German passport and our Rental Agreement (From 2017) as proof of our relationship. Also, Bills of my partner to the common address. Furthermore, I explained that we apply belated because she was pregnant at the time with twins and we lost one them. Travel would therefore have been too stressful for her. I evidence of this of course which I will give in. Also, I stated that she couldn't be vaccinated while she was pregnant.
I hope we get the Visa, but will have to see. I thank you for the advice. All the Best for you. John

Morning,

I'm very sorry to hear about your twins.

If this is an application under Surinder Singh, you are not applying late, since the deadline is March 29th 2022. My concern was not to do with that, but the fact that the Surinder Singh case where this route came from, referred to a national of an EU country exercising freedom of movement rights to another EU country, where they formed a family, wishing to return to their country of origin. In the case of a British citizen, it would normally apply to someone who was born and lived in the UK until he/she decided to move to another EU country, say, Germany, where he/she started a family. From what you have said above, you were born in Germany and lived there all your life and never lived in the UK, and you got British citizenship from a parent (by descent). This means you never exercised freedom of movement rights as a British citizen moving to Germany, since you were born there and lived there all your life, so I can't see how your situation would be covered under the Surinder Singh route.

[Site Admin]

It is my understanding that the government are no longer referrring to these applications as Surinder Singh, but to "family members of qualifying British citizens". But it's the same thing. Page 4 of the guidance: Family members of qualifying British citizens

...says:

The scheme is available to relevant family members of a British citizen who has exercised their free movement rights under EU law for more than 3 months
elsewhere in the European Union (EU), the European Economic Area (EEA) or Switzerland (they may have been employed, self-employed, self-sufficient or a
student, or had a right of permanent residence) immediately before returning to the UK with that family member.

The key here is in exercising free movement rights, which you can't do in your own country of origin, in this case, Germany (even if you are also British).

So I'm not sure how they will assess this application.

[JFT]

Hello, firstly thank you again for your input and the time you have generously given to answering me. Your are most kind. @Administrator, thank you for your condolence.

Just to clarify, I was born in Gemany, but did in fact live in Britain as a child. I lived in England from when I was 2 years of age till I was 10. I went to school in Windsor. So, I am kind of banking in that...as far as I know my Children can also become British Citizens by Descent due to the fact that I lived in the UK for more than 5 years...Cheers and All the Best. John

[Site Admin]

Hello, firstly thank you again for your input and the time you have generously given to answering me. Your are most kind. @Administrator, thank you for your condolence.

Just to clarify, I was born in Gemany, but did in fact live in Britain as a child. I lived in England from when I was 2 years of age till I was 10. I went to school in Windsor. So, I am kind of banking in that...as far as I know my Children can also become British Citizens by Descent due to the fact that I lived in the UK for more than 5 years...Cheers and All the Best. John

Gabriella B (lawyer) Would you be able to comment on this?

[Site Admin]

Hello, firstly thank you again for your input and the time you have generously given to answering me. Your are most kind. @Administrator, thank you for your condolence.

Just to clarify, I was born in Gemany, but did in fact live in Britain as a child. I lived in England from when I was 2 years of age till I was 10. I went to school in Windsor. So, I am kind of banking in that...as far as I know my Children can also become British Citizens by Descent due to the fact that I lived in the UK for more than 5 years...Cheers and All the Best. John

Melissa V (lawyer) Would you be able to comment?

[Site Admin]

Hello, firstly thank you again for your input and the time you have generously given to answering me. Your are most kind. @Administrator, thank you for your condolence.

Just to clarify, I was born in Gemany, but did in fact live in Britain as a child. I lived in England from when I was 2 years of age till I was 10. I went to school in Windsor. So, I am kind of banking in that...as far as I know my Children can also become British Citizens by Descent due to the fact that I lived in the UK for more than 5 years...Cheers and All the Best. John

Tim M (lawyer) Would you be able to comment?

[Tim M]

Yes it is possible for your children to be registered as British citizens. I assume that you have at least one of your own parents born in the UK ? if so and you can show that you yourself lived in the UK from aged 2 to 10 years then your own children can be registered as British citizens