EU Withdrawal Agreement - Surinder Singh:

[mufc69]

Yes, I enclosed everything with copies of my passports and covering letter.

[mufc69]

Hello, my wife’s UK residence card will expire in May 2019 we will then make an application for Permanent residence. Although I have had a break in employment as I left work to be full time carer for my daughter who i receive careers allowance for. Would I still be regarded as a qualified person? My daughter was born here in the UK? My wife works full time in IT and receives a good salary and puts us above the income requirement via the UK rules, just confused and it’s bit of a grey area regarding qualifying person for settlement.

[mkhan2525]

You will need to apply under the settled status scheme which will be up and running from April 2019.

According to the details of the scheme plublished this week, there will be no need to prove BC was a qualified person after their return to the UK. However proof of 5 years residence in the UK will need to be provided.

Bear in mind this is all just speculation at the moment because if we end up with a no deal Brexit, there will be no transision period or withdrawal agreement.

[mufc69]

Hello, my wife will be eligible to apply for permanent residence in December this year as she will be in the UK for 5 years under Surinder Singh. I would like to know 1, how long must someone transfer the centre of their life to another EU country before returning to the UK and 2, I left work a year and half ago to look after my daughter as a full time carer as my daughter was born with downs and since then we had another child, my wife works full time, do I qualify as a qualified person for her to apply for permanent residence under SS?

[mufc69]

Anyone?

[mufc69]

Hello, I would like to know if I'm classed as a qualifying person under SS if I'm my daughters full time carer and i receive carers allowance

[BritCits]

1) length of residence in other member state has not been specified - sometimes 6m (or even 3m) is enough, sometimes even 12m isnt.

2) did your wife have insurance to cover the period since Nov 2016 (when the changes came into force) when you were not employed ? Unsure even with CSI whether as a carer it would be enough, unless you can show you were self-sufficient. Note, this is based on my understanding of UK's application of the EEA regs, not the actual Directive.

[secret.simon]

Note, this is based on my understanding of UK's application of the EEA regs, not the actual Directive.

As I understand it, the SS route is based on judicial case law and not on the Directive, which does not mention the SS route at all. So the OP will have to rely on, among other things, ECJ judgments as Eind. The wording of the Directive is not relevant for the SS route.

[BritCits]

Yes indeed, SS came about through a judgment in 1992 or thereabouts. However, there is nothing I've seen from the EU which supports how UK applies EEA regs - not in the Directive nor in case law. UK in the guidance to the current form does specify they have incorporated the O&B judgment - however doesnt appear to have done so, and their revised requirements still appear to not be in line with case law which to date has not been overruled.

It may be that there will need to be an appeal going to UT or higher to decide whether HO's requirement for the British sponsor to be a qualified person in the UK, or requiring CSI for the non-EEA family, is legal. Particularly given these changes were brought into force with not much notice and many are finding at PR stage they were caught unawares.

[mkhan2525]

As far as I know FTT still considers Eind to be good law. One of the reasons my wifes application for RC was refused because I wasn't a qualified person on return to the UK even though I provided evidence. The judge noted that even though I was in employment, I didn't need to according to Eind and UTT judgement Surinder Singh Spouse Morocco 2010.

[mufc69]

Hello my wife has lived in the UK for almost 5 years continuous and will apply soon for her permanent residence, my wife came to the UK under Surinder Singh in 2013. Since then we have had 2 children, i was working then left work to care for my daughter and I receive carers allowance for looking after her. I would like to know will that affect my wife's application for permanent residence as one of the requirements states that you must be working..?

[mufc69]

Anybody?

[mufc69]

Hello my wife is eligible to apply for PR this December as she will be here for 5 years via SS , her residence card does not expire until May 2019, are we best waiting for the settled status/settlement scheme or apply for PR in December?

[Mugen]

I would say she should apply for PR in December. That way she will be eligible to apply for BC in December 2019.

[CR001]

I would say she should apply for PR in December. That way she will be eligible to apply for BC in December 2019.

User 'mufc69' is a British citizen. Once spouse has PR, the spouse can apply for citizenship immediately without waiting 12 months.

[mufc69]

Hi there, I would like to know once my wife’s EEA residence card expires can she still lawfully live in the UK without having to renew her residence card or apply for permanent residence?

Thanks

[mufc69]

Hello my wife is from Philippines and has been in the UK almost 5 years on an EEA residence card, once the residence card has expired is it possible to apply for ILR via UK immigration rules instead of EEA rules?

[CR001]

No she cannot as she doesn't hold a visa under the UK immigration rules.

[mufc69]

Thank you for your reply.

My wife is in the UK under SS, i have had breaks in employment, i think this will impact on my wife's application for PR when her residence card expires in May 2019, Could my wife re-apply for another 5 years residence card instead of undertaking PR?

Although im hoping by then she can apply for settled status under the EU settlement scheme which also includes those who have arrived in the UK under SS.

[mufc69]

Hello, I would like to know what happens when a UK residence card expires after 5 years? must the holder apply for a new card or make an application for PR or can they stay legally in the UK without applying for a new card at all?

[vinny]

Posts merged.

[secret.simon]

Hello, I would like to know what happens when a UK residence card expires after 5 years? must the holder apply for a new card or make an application for PR or can they stay legally in the UK without applying for a new card at all?

As I understand it, post Brexit, the rights of all EEA Citizens and their family members will be based on their possessing documentation issued by the Home Office, not an automatic right as now.

If that is true for EEA citizens and family members, it will be even more true of the SS route.

Therefore, on the balance of probabilities, I believe that it is more likely than not that your wife will require to apply for and acquire documentation from the Home Office for her to have the right to reside in the UK.

[Richard W]

Although im hoping by then she can apply for settled status under the EU settlement scheme which also includes those who have arrived in the UK under SS.

From what you have said, it may be simpler for her to qualify on the basis of your being an Irish citizen!

[mufc69]

Hello, I'd like to know what the EU withdrawal agreement now means for those who came to the UK under Surinder Singh and have been resident in the UK for 5 years? must the qualified person prove exercising treaty rights or is it just based on 5 years continuous residence to gain the new settled status?

[NikiGio]

Loo at this other thread dealing with a similar query:

eea-route-applications/surinder-singh-r ... 67757.html