EEA4 Surinder Singh - the form changed?

[megmog]

Hi all,

Just going through the most recent EEA4 Application form as due to send in next week. It appears it's changed a bit in terms of applying via Surinder Singh.

Specifically, it asks in Section 6:

"6.1 Have you, or any family members included in this application, previously been issued with
a residence card under the Surinder Singh judgment as the family member of the British citizen
named in section 3, or did you/your family members enter the UK with an EEA family permit
issued as the family member of that British citizen?"

My husband has held both a EEA Family Permit and a 5 year Residence Card, so presumably the answer is:

"Yes: go to section 8."

Which basically skips all the questions about me/us exercising treaty rights in another member state and presumably sending in all that supporting evidence from 5+ years ago.

On the one hand, it makes sense, because after all they would have already received this evidence previously in order to grant him the EEA FP and EEA2. So are they really saying we don't need to send it all in again? It just sounds too good to be true, and I am worried I am missing something!

[357mag]

The EEA2 form has also changed
https://www.gov.uk/government/uploads/s ... _06-14.pdf
Section 5 now reads:
Complete this section if you are applying for a residence card under the judgment in the case
of Surinder Singh because your British citizen family member has exercised their Treaty rights
as a worker or self-employed person in an EEA Member State other than the UK.
You must also complete either section 6 or 7 to show how your British citizen family member
was exercising Treaty rights in another EEA Member State.
Please note: if you entered the UK with a valid EEA family permit issued under
the Surinder Singh judgment as the family member of the British citizen named
in section 3, you do not need to complete this section. If this is the case, tick
the box to the right and then go to straight to section 10.

Possibly in response to C-456/12
So you can go to another EEA state, get the Family Permit then return, no need to prove Center of Life change

[rosebead]

Yes, that's right if you have been previously issued an EEA Family Permit under Regulation 9 (Surinder Singh) you no longer have to submit your employment and residence proof from your host State all over again.

[Mikethebook]

Hi megmog,
I'm in the same process of sending in the form and it looks too good to be true. I totally agree that once you've ticked "yes" in Section 6 that you jump to Section 8 and avoid all financial information. BUT, checking through Section 11 on what evidence to submit with the form, I found that very unclear as to what sections of the form the various pieces of evidence relate to. They don't make that cleat at all. So I'm wondering how you read that section and what evidence needs to be submitted with the form apart from the obvious passports.

[Mikethebook]

Hi,

Having reread Section 11, the list of required documentation, I think the latter page and a bit apply to everyone, and though it doesn't stipulate it, relate to Section 8. The first paragraph is straight forward enough. They want proof of being in the UK for five years. It also appears they want a marriage certificate again but it is the last few paragraphs that confuse me entitled "as evidence of dependency on your EEA national family member." I don't understand them or whether we have to include any information. Who are these children and grandchildren . . . and distant relatives that we have written nothing about on the form?

Did you figure all this out a week or two back when you completed the form?

Mike

P.S. I've attached the page for you to look at.

EEA4Documents.jpg (173.99 KiB) Viewed 924 times

[rosebead]

^^^ Don't worry about it, it doesn't apply to you. The EEA4 form is not just used by spouses, it is also used by other categories of family members. It is not only spouses who can have a right of residence under EU law, so can other types of family members. For example, children under 21 and dependent parents of EU nationals and of their spouses have a right of residence under EU laws.