EU SETTLEMENT SCHEME AND FAMILY MEMBERS OF BRITS (SURINDER SINGH)

[PLUZZ]

Initially, when the statement of Intent was released, I thought I read somewhere on the document that the EU Settlement scheme covers family members of British citizens who obtained RC through the Surinder Singh route.
However, when I started reading through the caseworker guidance for the Private Beta phase 2, which was issued on 6th November 2018, nothing in the guidance mentioned Surinder Singh categories as eligible applicants. The guidance mentioned: a relevant EU citizen, a family member of a relevant EU citizen, a family member who has retained the right of residence by virtue of a relationship with a relevant EU citizen, but nothing was said about family members of Brits.
Does anyone know whether there has been any changes since the statement of intent was issued, which now excludes the Surinder Singh categories from qualifying under the EU settlement scheme?

[CR001]

Latest post I saw a couple of days ago.

eea-route-applications/eu-settlement-sc ... 70489.html

[PLUZZ]

Latest post I saw a couple of days ago.

eea-route-applications/eu-settlement-sc ... 70489.html

Many Thanks CR001. I also saw that post on this board, but there is no specific details and definitions of who are referred to as EU citizens and their family members in there. I am waiting to apply under the new settlement scheme, but I am worried I might be waiting in vain if the scheme has subsequently been changed to exclude surinder singhers, so i may be better off applying now that the EEA application regime is still in place.
Does anyone else have any idea?

[secret.simon]

Also see this thread.

Initially the EU Settlement Scheme applied only to EU citizens and their family members, not even other EEA citizens (those from Norway, Iceland, Liechtenstein or Switzerland). The UK government has reached separate agreements with Switzerland and Norway about the rights of their citizens in the UK post-Brexit.

So, as you can see, at the moment, the EU settlement scheme is very specific to people holding (non-British) EU citizenship itself.Section 6.12 of the Statement of Intent does state that people already on the SS route will be able to apply under the EU Settlement Scheme, but also that it will be a matter of domestic policy and does not state when the inclusion of SS route into the EU Settlement Scheme will come into effect.

[mkhan2525]

The statement of changes to the immigration rules posted on the gov website on 11th October 2018 implemented the Surinder Singh route into Appendix EU. However it looks unlikely they would be able to apply for status until the EU settlement scheme is fully open.

https://www.gov.uk/government/publicati ... tober-2018

[PLUZZ]

The statement of changes to the immigration rules posted on the gov website on 11th October 2018 implemented the Surinder Singh route into Appendix EU. However it looks unlikely they would be able to apply for status until the EU settlement scheme is fully open.

https://www.gov.uk/government/publicati ... tober-2018

I think I may have found an answer in the new statement of changes of October 2018. The last paragraph on page 2 seems to specifically identify that people in SS are not eligible to apply in the phase 2 beta stage of the EU settlement scheme ( however, the document mentioning of SS applicants suggests they are recognised, in my opinion). The document states thus -

Appendix EU shall have effect (except for paragraphs EU12 and EU13 and condition 2 in the table in paragraph EU14, and for the entry for ‘family member of a qualifying British citizen’ and for ‘qualifying British citizen’ in the table at Annex 1) in relation to applications made under it before 22 December 2018 by an applicant
who is:
(a) An EU citizen (but not a British citizen); or
(b) A non-EU citizen who has been issued by the Secretary of State with a
residence card or permanent residence card under the Immigration (European
Economic Area) Regulations 2016, on the basis of an application made on or
after 6 April 2015.......'

So it appears as this is a test phase, SS applicants are not eligible yet.

Any thoughts on this?

[Miak]

Did anyone check new immigration rules for eu and SS route which is out on last week ??

[PLUZZ]

What is the new rule for SS? Can you post a link please?

[secret.simon]

Possibly this?

EU Settlement Scheme public test phase: applicant eligibility
Information about who is eligible to take part in the public test phase running from 21 January 2019.

You need to be either:
a resident EU citizen (but not a British citizen) with a valid EU passport
the non-EU citizen family member of an EU citizen and you have a biometric residence card

[JAMAA]

Still UKVI has no changes in policy of free movement rights for family members of British Citizens, last updated was 27/10/2017 https://www.gov.uk/government/publicati ... h-citizens. old system but still practising, surinder singh router.

today i received email from website free movement.com said that home office recognised another 3 countries for settlement status which are EEA ( Norway, Iceland and Liechtenstein) plus SWISS. their citizens will be granted ILR even in NO DEAL or DEAL situations.

I think personally view the Home Office try not open the Surinder Singh router in new system now until some time waiting for what will happen about the Deal or no deal, if no deal happen the home office as they published will repeal all EU Directives and EU laws in the UK from 30 March 2019, after that will close the border in front of surinder singh cases, after that will make those people already have Residence Card can apply for Settled Status if 5 years continues without working (exercise treaty).
this is my understanding, as my wife got RC about 4 years ago.

[Miak]

So what will happen to those who is currently not holding Ukrc under Surinder Singh route .and wants to apply for Surinder Singh route ! Currently holding IRC (Irish Residence Card ) .in the Uk !

[JAMAA]

Dear Miak
i will explain for you some thing will help to understand the situation:

1- EU and EEA and Swiss all totally 31 countries has been confirmed by HO that all citizens will they get ILR (settled Status) if they been here in the UK for 5 years continuously that GUARANTEE by UK government in both scenario DEAL OR NO DEAL.

2- British Citizen is British Citizen is not European Citizen so European Directives or Legislations or Laws not applicable for British Citizen in the INSIDE UK, ONLY !!!

Only in one scenario the British Citizen Becomes European Citizen if Surinder Singh Case has applied correctly in his situation. Until, you have not had UK Residence Card, that mean you are not been recognised by Home Office as a Family Member Of British Citizen did surinder Singh because the UKVI has some requirements to recognise British Citizen as European Citizen.

all you need that the Home Office accept you as a family member of British Citizen fulfilling the Surinder Singh Case, You should apply for Surinder Singh before the end of March 2019 because if there is NO DEAL the situation will be difficult for even EEA citizens.

[JAMAA]

THE goal is HOW TO MAKE A BRITISH CITIZEN A EU CITIZEN FOR IMMIGRATION PURPOSE:

BY SURINDER SINGH and that Surinder Singh must be accepted by Home Office, because everyone said i did Surinder Singh case and my family member should be granted 5 years.

[Love-Lebanon]

Good news Surinder Singher visa holder:

For Those who are under the Surinder Singh case, you will be able to apply to the Eu settlement Scheme.
The web site will be live on the first of April, 2019, and there will be an option for Surinder Singh cases.

Please note that the application will be for FREE. (Thank you Theresa may )

The above information was given to me by the EU settlement scheme department over a phone call and after she checked with different colleagues at her department.

[ljdebenedictis]

Good news Surinder Singher visa holder:

For Those who are under the Surinder Singh case, you will be able to apply to the Eu settlement Scheme.
The web site will be live on the first of April, 2019, and there will be an option for Surinder Singh cases.

Please note that the application will be for FREE. (Thank you Theresa may )

The above information was given to me by the EU settlement scheme department over a phone call and after she checked with different colleagues at her department.

Yey! I have been waiting for this reassurance for a while now. Thank you. Hope the process will be easy and not complicated at all.

[johnlk]

Good news Surinder Singher visa holder:

For Those who are under the Surinder Singh case, you will be able to apply to the Eu settlement Scheme.
The web site will be live on the first of April, 2019, and there will be an option for Surinder Singh cases.

Please note that the application will be for FREE. (Thank you Theresa may )

The above information was given to me by the EU settlement scheme department over a phone call and after she checked with different colleagues at her department.

Without knowing us SS cases would be not included in the "Full" opening of the EUSS, I tried to apply on behalf of my non-EU wife yesterday.
We tried on the app first, and met a dead-end as it is not ready for SS cases and couldn't scan her passport.
We then went online and met another dead-end when there was no way to state GB or UK as my nationality.
A phone call to the same department as above, but this time told it will be a paper application, once they've designed the form!
No idea on timelines, so could only give personal details and now just supposed to wait for a form to come in the post.

I hope what you was told is true and I will try again tomorrow online, but having tried to re-login just now, and after inserting the code sent by mobile, it now says "Access Denied" and we can't even update our original application.

We've waited since July last year as it was supposed to be "simple" to apply, but it looks like we'll have another difficult job of getting the application together.
We haven't travelled for fear of not being allowed back in, and she couldn't apply for a job as her RC was expired.

[ellyell]

Unfortunately we got the same response from Home Office after realizing Surinder Singh applications cannot be made online.
They got our personal details and said paper form will be sent by post. Very disappointing as we waited for this scheme for months and advised it would be an easy and simple process. Looks like it will not be.

[johnlk]

Unfortunately we got the same response from Home Office after realizing Surinder Singh applications cannot be made online.
They got our personal details and said paper form will be sent by post. Very disappointing as we waited for this scheme for months and advised it would be an easy and simple process. Looks like it will not be.

Us too. We thought "Fully open" meant just that.
My non-EU wife's Residency card expired last July: as the advice was to hold tight (and as the Permanent Residency form was so off-putting, we haven't been able to leave the country for fear of not being let back in, and she hasn't be able to apply for work as her proof to reside has expired.


In our phone call Saturday he couldn't answer when the forms would be ready too. I think they are still composing them.

"Simple" application, methinks not.

[ellyell]

Unfortunately we got the same response from Home Office after realizing Surinder Singh applications cannot be made online.
They got our personal details and said paper form will be sent by post. Very disappointing as we waited for this scheme for months and advised it would be an easy and simple process. Looks like it will not be.

Us too. We thought "Fully open" meant just that.
My non-EU wife's Residency card expired last July: as the advice was to hold tight (and as the Permanent Residency form was so off-putting, we haven't been able to leave the country for fear of not being let back in, and she hasn't be able to apply for work as her proof to reside has expired.


In our phone call Saturday he couldn't answer when the forms would be ready too. I think they are still composing them.

"Simple" application, methinks not.

And more frustrating is to not to know what we need to submit with this "new" form. We cannot even start to prepare them.

[PLUZZ]

It is quite frustrating for a lot of Surinder Singhers that we were informed we would be able to apply from 30th March just like other categories apart from Zambrano carers (May 1st), yet in reality, we may have to wait till May 1st still. This is a serious dent on the integrity of the whole process ....just like Brexit itself!
Based on the information and assurance from HO that the scheme will fully open by March 30th, I (just like many Surinder singh candidates) took a decision to wait for the commencement of the scheme on March 30th, with the hope that I would have enough window to obtain the settled status (or at least, the COA) before the expiration of my residence card sometimes this month. Now look what's happened....it turns out it's going to be a long winded application process for which paper forms are going to be needed to be physically posted back and forth, biometric appointments which will take days need to be scheduled, and worst still, the so-called paper forms are not even ready yet! The implication of all these is that my employer will have to stop me from working when my RC expires in a couple of weeks as I WOULD NOT HAVE RIGHT TO WORK IN THE UK BY THEN. I will then have to suffer the humiliation of everyone in my office thinking I was sacked for being an illegal immigrant.
If only the HO was decent enough to provide accurate information from the start.... (Say Surinder Singhers will not be eligible to apply till 1st of May), that would have been enough info for people to work with and make a plan B.
This whole thing is just a Farce!

[mufc69]

Where are you getting the information regarding 1st of May? the government seem to be handing out settled status left right and centre to all EU citizens but Non EU citizens having problems. But I’m sure the government don’t mind as they will get more votes to remain in the EU if there was ever a second referendum.

[ellyell]

I will send a complaint to complaints@homeoffice.gsi.gov.uk email address.
I think we all should do. Maybe it helps to speed up this new form design process.

[masoud62]

Same with you I got few weeks left on my RC and I asked the person from eu settlement Resolution center what is my option If the application form not ready before my RC run out of date, He told me in that case I should call them to see if they can extend my RC.
personaly I am not sure if his advise is the fact.
Why don't you give the them a call and ask them the same question to see if they tell you the same or something else

[PLUZZ]

Hi Surinder Singhers, if anyone has received the application form for settled status in the post, kindly update the rest of us here. Thanks.

[Anamkhan]

In the same boat. Waiting for the form .. please do post if anyone receives it