pranjam wrote:I had a question on this topic as well so thought I would post it here. What happens if somebody does try to get the dependent parents visa which is refused and consequently the visit visa route is also closed, can they still use the surinder singh route to enter the UK?
Yes, they can. The Surinder Singh route operates under EEA Regulations and is not impacted by decisions taken under UK Immigration Rules.
I'm a bit lost about your subsequent questions, so forgive me for my questions, which may not sound too bright.
pranjam wrote:Also after the new ruling...
Which ruling are you referencing here? If it is by a European court, remember that it takes time for judgements to be integrated into the EEA Regulations, which is what the UK rules on EEA citizens and their family members are. The Immigration Officer will go by the EEA Regulations, not the court judgement.
pranjam wrote:...giving people with EU Family Residence Permit the ability to enter the UK and subsequently apply for an EEA Family permit does it not mean that there are now in fact two ways to have your parents enter the country via the EU. Obviously the EU family residence permit will take longer but it is more straightforward as far as I know.
I'm not very conversant with procedures under the EEA Regulations, but the EEA is the EU along with Norway and Iceland. From the UK's immigration viewpoint, they are the same. So, I'm confused about the EU Family residence permit vs the EEA family permit mentioned above. They are likely the same.
What would happen under Surinder Singh is that you would move the "center of your life" to another EEA country. Your parents can stay there with you to "strengthen family life" and they would be issued with the "Family Member of an EU/EEA citizen" by the other EEA country. When you then return to the UK, you will be treated as an EU/EEA citizen and your parents will be issued with an EEA family permit, just as they would have got in the other EU/EEA country.
pranjam wrote:Also on the SSR - to get your parents in to the UK is it important that your spouse lives with you in the european country as well because you can base your "centre of life" in the european country while your spouse visits you on weekends. Is this advisable/feasible?
I could be completely wrong about this as there is no clear definition of "centre of life", but if I were an immigration officer, I would be very suspicious if your wife did not accompany you (unless of course, the intention is to show that you have split). "Center of life" logically does not mean just staying in another EEA country, but where your job, your bank accounts, personal estate is, not where a six month vacation is spent.
To the mods: Given the direction this thread is taking, is it worth moving it to the EEA-route applications forums?
EDIT: I think I now know which judgement @
pranjam is talking about. Is it the
McCarthy case in the CJEU? All that means is that if the family members of an EEA citizen have got a residence card from one EEA Country, the UK can not force them to apply for and get its own EEA family permit. The UK must honour the family residence permits of all other EEA countries. Not sure how that gives another route to get your parents here.