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I don't think so. Firstly, the lady says he was refused under 3207(b) - in which case as a spouse 320 7(c) exempts him from the ban. Secondly, an application under EEA regulations is not subject to the Immigration Rules.Casa wrote:The problem is, with the 10 year ban for re-entry into the UK due to deception, your husband still could face refusal under Surinder Singh.
The OP mentioned entry by deception, but said the refusal was under 320 7(B), from which spouse applications are exempted by 320 7(C). I'm only guessing, but I think this may be explained by the way in which Enforcement IOs have to apply the Rules. A non-European national may have succeeded in entering the UK using a UK or EU passport - in this case the Moldovan husband perhaps used a Romanian passport or id card. He required "Leave to Enter", but wasn't given it because the IO thought he was an EU citizen. So although documentary deception may have been used (invoking 320 7(A) ) the Enforcement Manual says that such people have to be treated as Illegal Entrants who have "entered without leave" (thus 320 7B ).Casa wrote:Mr Rusty, I had assumed that the mandatory 10 year ban the OP mentioned had actually been applied in the refusal, due to his entry into the UK by deception. I also believed (maybe wrongly) that where someone had been given a ban for re-entry they could still be refused
under EEA regulations as the UK authorities are within their rights to
overrule in these circumstances. What do you think?
One other thought...the UK immigration officers are actually based on the French side at the Eurotunnel crossing. Do you reckon they would have to
be given leave to enter if they take this route?
Indeed. That's when the OP has to bring the special compassionate circumstances of her mother's illness into play. The irony is, she's already admitted on this forum that the reason she went to live abroad was to clock up a year exercising her treaty rights there as a means of resolving her husband's precarious status under the Immigration Rules. Undoubtedly she'd have got away with it, but fate has intervened, and unless her husband can get to this country fairly quickly he could end up back in Moldova because he can't stay in Spain.Wanderer wrote:Not wanting to put the cat amounts the pigeons or owt but I wonder if the HO would consider such a scenario where the applicants had used the Surinder Singh ruling after only exercising a treaty right for a short time as 'an attempt to circumvent the UK immigration rules'?
It's an interesting point.
Why does the Dane (as in this example) have to work at all as Directive 2004/38/EC also includes self-sufficiency?Mr Rusty wrote:I
In practice all this means that a Danish immigrant now can rely on his European rights to circumvent the entire Danish immigration legislation. It suffices to spend one's honeymoon on the other side of the Øresund in the Swedish town of Malmö doing some simple job – cashier at a supermarket or taxi driver will do – and one may import one's bride or groom into Denmark
charliebrown wrote:Mr Rusty wrote: It is worrying that you have been registered in Spain but they didn't issue to your husband at the same time. Any idea why?
When we applied, it turned out i had to get green paper first which husband then had to take to officina de estranjeros along with my passport in order to get his registration certificate. His card takes up to 3 months to arrive. Apparently that is the protocol around here?
Thanks for all advice guys, this has been quite simply a headache inducing time for us (and an expensive one!) The france boarder idea is good but risky. What is worrying though is that this Surinder thing can take up to 6 months! is this true? Do they expect me to have a job to go back to in UK?
thanks once again for advice
(and i will be contacting that clever lawyer if i have any cash left after this! Did not anticipate for the difference in wages in europe! lol)
hey how we doing ?charliebrown wrote:Hi Joelondon,
sorry to be so cryptic! My husband left UK and went home before applying for a spousal settlement visa to UK, this was refused and he was issued with 10 yr ban. We were told by lawyer we could use surinder singh so i left UK and went to husbands country (Moldova) stayed a bit, went to Romania on his behalf as this is were nearest spanish embassy is and it takes ages for Moldovans to get visa now to go romania, easier for me to do it. I got his visa to accomany me to spain (wanted to see our medical insurance, flights, accomadation and details of the course i was going to do in spain) i knew they shouldn´t ask for this stuff but didn´t argue as just wanted to secure visa. Visa was issued promptly and free of charge. We left Moldova and went to spain, i did my course then we went to Italy as i had a job contract there. Italy don´t recognise directive 38/EC! and told us we had to go back to Spain as they issued shengen visa?!? obviously solvit got involved and theres a case pending. meanwhile, we freaked and decided to come back to spain where i was offered a contract in Leon. Before husband could register, i needed to register as i intend to stay over a year (work contract) and it seemed´reasonable that i was required to register, also looked at some sites which confirmed this. Ok so 7 months? is this just for Madrid or are different regions..erm..different? Thanks for your help.