EEA(FP) application pending - meanwhile moving to india

[Kumar1038]

Hi members,

I have applied for my wife EEA(FP) application from Netherlands on 17 DEC 2020 and still waiting for the response from HO.Our earlier EEA(FP) application was refused because of HO error(HO office says we did not provide sponsers passport but infact we have provided it .)
In the meanwhile our Netherlands visa is expiring on 15 FEB 2021 and we have to move out of Netherlands before it expires .
Now , i have some questions :
Do i need to notify HO that we are moving out of NL..?

If my wifes UK visa approves can she submit her passport in India ..?

And by what date she should be in UK ..?

please advice . Thank you

[Kumar1038]

Any advice on my issue pls .

[iwolga]

I assume you are EU or UK citizen? What is your connection to UK?

[Kumar1038]

I assume you are EU or UK citizen? What is your connection to UK?

oh sorry i forgot to mention .Yes, I am UK citizen and my wife is indian citizen .

[iwolga]

Do i need to notify HO that we are moving out of NL..?

As far as I recall the application form, yes, as this is a change in circumstances. It will however potentially trigger some further questions (see below).

If my wifes UK visa approves can she submit her passport in India ..?

I doubt this is possible as she filed the application in the NL using "keep my passport" option (I'm guessing as you did not state).

And by what date she should be in UK ..?

I understand that you apply through Surinder Singh route. HO is giving several criteria for this application:
https://www.gov.uk/family-permit/surinder-singh

1) your British family member was resident in an EU or EEA country or Switzerland and was either a worker, a self-employed person, a self-sufficient person, a student, or a person with a right of permanent residence in that country Looks ok from your story
2) you were lawfully resident in that EEA country or Switzerland with your British family member Looks ok from your story
3) your family member returned to the UK by 31 December 2020 Did you?

As at the time of your application, looks like the condition #3 wasn't ticking the required box (but maybe you just did not mention it in your post). Can you prove that you moved back to UK by the deadline?

[Kumar1038]

[quote=Kumar1038 post_id=<a href="tel:1986729">1986729</a> time=<a href="tel:1612196197">1612196197</a> user_id=236288]

Do i need to notify HO that we are moving out of NL..?

As far as I recall the application form, yes, as this is a change in circumstances. It will however potentially trigger some further questions (see below).

If my wifes UK visa approves can she submit her passport in India ..?

I doubt this is possible as she filed the application in the NL using "keep my passport" option (I'm guessing as you did not state).

And by what date she should be in UK ..?

I understand that you apply through Surinder Singh route. HO is giving several criteria for this application:
https://www.gov.uk/family-permit/surinder-singh

1) your British family member was resident in an EU or EEA country or Switzerland and was either a worker, a self-employed person, a self-sufficient person, a student, or a person with a right of permanent residence in that country Looks ok from your story
2) you were lawfully resident in that EEA country or Switzerland with your British family member Looks ok from your story
3) your family member returned to the UK by 31 December 2020 Did you?

As at the time of your application, looks like the condition #3 wasn't ticking the required box (but maybe you just did not mention it in your post). Can you prove that you moved back to UK by the deadline?

No , i did not move to uk by 31 Dec 2020 . I didnt know that i have to move before 31 Dec 2020 . And my wife foled the application using “ keep my passport “

[Jackson2004]

The information you were given is incorrect. You have until April 2021 to return to the UK via Surinder Singh. You need to be either living together in the EU or UK at the time you apply. If her Visa is expiring you should be able to obtain an residency entitlement extension under your EU Directive derived rights. As a last resort you may wish to consider turning up at the border before relinquishing your entitlement by returning to India.