Have been sent questions from HO??

[rahmsye]

Hi I hve applied for eea RC and the home office have sent us a series of questionnaires one particular question I am a bit stuck on.
1. why did you make an application under the surinder singh ruling and not under domestic UK immigration rules.

Any help would be appreciated.


Thanks

[rahmsye]

can anyone help a bit time sensitive!

Thank you

[tmonaghan]

You can always state that Surinder Singh route applied to you because you met your spouse while she/he was already living in that EU Member state during which your exercised your Treaty Rights for a year for example. Having moved to a EU Member state with your Non-EU Citizen partner to circumvent UK Immigration Laws is not allowed anymore. The HO will scrutinise your evidence and will certainly reject your application under EU Laws if they suspect fraud because your are circumventing UK Immigration Laws.

[rahmsye]

You can always state that Surinder Singh route applied to you because you met your spouse while she/he was already living in that EU Member state during which your exercised your Treaty Rights for a year for example. Having moved to a EU Member state with your Non-EU Citizen partner to circumvent UK Immigration Laws is not allowed anymore. The HO will scrutinise your evidence and will certainly reject your application under EU Laws if they suspect fraud because your are circumventing UK Immigration Laws.

Thats the thing I am confused on how can they suspect if there is no evidence of that we didnt even live at the same address when she was living in the Uk prior to we even meeting. The only thing I can think of we were there less than a year but we integrted fully I even had sugery there and we got pregnant and gave birth there. We only left due to complications with the baby. which we lost. Otherwise our intention was to stay there.

Any help would be greatly appreciated thank you

[gillacious_505]

Hi there, I got the same dilemma.

What about the reply to other questions. for e.g:

1) why you went to EEA

2) why you came back to UK?
3) why you never made application to join and remain BC under UK rules

and other tricky questions.

I dont know how to answer them as they will always find the reason to relate it to circumventing UK rules.

Can anyone give me an example.

Any help would be much appreciated.

[mkhan2525]

Unfortunately the primary aim of the new regulations is to stop British Citizens from taking this route in order to circumvent UK immigration rules and the extra questions are designed to determine whether this is the case.

The Home Office view is that Surinder Singh type of cases should be made unintentionally. Therefore it places one in a difficult situation on how to maximise their chance of getting the residence card when the chances of a refusal are very high.

[rahmsye]

Hi sorry for the late reply and thank you for the information. Surely this could be overturned on appeal. The situation with myself though is we never intened to come to UK only due to unforseen circumstances, and we never applied for spousal visa because we never intended to live in the UK. They suggested to me and my wife that we apply for one when they rejected our visit visa but that was only because we had a graduation that she wanted to attend and applying for spousal visa for just the graduation seemed rather stupid especially when we were going to go to Irelaand.

Only thing I cant really explain to them is why we we applied for a family permit I was going to saybecause that was allowed to us when we applied but it seems they would reject on that basis so rather stuck. Could any ofthe mods or experts around to help, please they only given us 10 working days thank you in advance.

[rahmsye]

Please can anyone help??

[tmonaghan]

The thing with the HO is that they could reject your application on the basis that you know too well the Law. It has to be a natural process, opportunistic and that your return through the Surinder Singh route was not intended until you contacted the HO to know your rights. It is not as though you moved together to your Host country to then circumvent UK Immigration Laws. If the latter is the case; the HO will reject your application and will advise you to apply based on UK Immigration Laws. There is no right or wrong routes; the problem is that the HO wants to close that rule because it has been abused too many times by British Citizen wanting to bring their NON-EU Spouse into the UK.

[rahmsye]

The thing with the HO is that they could reject your application on the basis that you know too well the Law. It has to be a natural process, opportunistic and that your return through the Surinder Singh route was not intended until you contacted the HO to know your rights. It is not as though you moved together to your Host country to then circumvent UK Immigration Laws. If the latter is the case; the HO will reject your application and will advise you to apply based on UK Immigration Laws. There is no right or wrong routes; the problem is that the HO wants to close that rule because it has been abused too many times by British Citizen wanting to bring their NON-EU Spouse into the UK.

Thank you for your reply, I would like to just add that she was already in the UK as a student when we got married. After which point she moved to Ukraine and then we decided to start a life in Ireland as we wanted something different. We only moved back to UK due to unforseen circumstances loss of of our daughter. But we moved to ireland from Ukraine not UK does that make a difference. We never applied for spousal visa as we never intended to settle here. When we researched how to get back to UK from ireland family permit first thing that came up.

[tmonaghan]

Well given that your case is rather complex, I would advise you to contact a Solicitor. If you cannot contact a Solicitor I would advise you to write a personal statement explaining your situation and supported by as much documentation as you can.