Question about the ''Surinder Singh Route''

[van15]

Hello and thank you for great information here.

As far as I understand ''Surinder Singh Route'' is used for UK. It is a method for British citizens to secure UK immigration rights for their family members.

Surinder Singh Route applied well for Sweden and Norway (but under different name).

However, I can not really find any info of this route for Finland. I even called to immigration office and local police of Finland but they are so confused.

My question is that, would Surinder Singh Route be applied through out all EEA country ?

Please help. I would also seek for more info and will be updated here.[/i]

[EUsmileWEallsmile]

Yes, it's EU wide. I presume this is a question pertaining to Finland so am moving the thread.

[acme4242]

Judgments of the ECJ apply across all EU
However for Surinder Singh Route to rights and equality its not needed in
most EU states as they already treat their own citizens as equals without
this nonsense of having to move to another EU country and back again.

http://irelandsreversediscrimination.wo ... imination/


e.g. In Italy they may not know about Surinder Singh Route, because there is no need.

Italy avoided reverse discrimination when they transposed EU directive 2004/38/EC into National Law Article 23 of 30/2007 which says “The provisions of this Legislative Decree, if more favourable, apply to the families of Italian citizens”.

Same for Finland, they have no need for it.

Finland avoided reverse discrimination in their implementation

Aliens Act (301/2004, amendments up to 1158/2006 included) The scope of a family member is a little narrower for Finnish citizens than for EU family members. according to Section 50 in the Aliens¡äAct, a spouse and minor (under 18) unmarried child. Otherwise the rights are the same.

[Directive/2004/38/EC]

You can find a Danish govt link about what work qualifies you for Singh treatment in this article: http://eumovement.wordpress.com/2011/12 ... -a-worker/

[van15]

Judgments of the ECJ apply across all EU
However for Surinder Singh Route to rights and equality its not needed in
most EU states as they already treat their own citizens as equals without
this nonsense of having to move to another EU country and back again.

http://irelandsreversediscrimination.wo ... imination/


for Finland, they have no need for it.

Finland avoided reverse discrimination in their implementation

Aliens Act (301/2004, amendments up to 1158/2006 included) The scope of a family member is a little narrower for Finnish citizens than for EU family members. according to Section 50 in the Aliens¡äAct, a spouse and minor (under 18) unmarried child. Otherwise the rights are the same.

Thank you so much for your reply. Still I am confused.

Finnish law does not recognize descendant (parents) to be a family member. So there is closed door for its citizen to bring parents to Finland.

There is a case of an Egyptian Grandmother to Be Deported. She has two sons who are citizen of Finland, evidence to be fully independent on those of two in Finland (no relative in Egypt, will face to persecution if get back there). Nobel Peace Prize laureate Martti Ahtisaari, Evangelical Lutheran Archbishop Jukka Paarma and Finnish Orthodox Archbishop Leo have all earlier urged the government and the courts to let her stay in Finland...

but deported

She die soon later

(reference: http://yle.fi/uutiset/egyptian_grandmot ... ed/5529444 )


At first, I though her son did not know about the Suringder Singh route, but if I understand the text right, it seems Finland does not apply fully EU law for this case. Thus even the son take his mum to exercise EU rights in another EEA country then get back on Surinder route, still it won't work?

Could anyone shed a light on me?

[acme4242]

the link you gave, says it was because person was a dependent grandparent.
yet her sons are Finnish, so I really don't understand,
Is she dependent on her sons or her grandsons.

http://yle.fi/uutiset/egyptian_grandmot ... ed/5529444
Grandparents Not Nuclear Family

Finnish law does not consider grandparents to be part of the immediate family, and therefore they do not have the same right of residence as parents of minors,

Here is the 2004/38/EC study for Finland, and it mentions the problem with dependent grandparents
http://200438ecstudy.files.wordpress.co ... udy_en.pdf

The definition of family members is in s.154 of the Aliens Act. Family members of an EU citizen
include the spouse; direct descendants who are under 21 years of age or dependent on him or her, and
the descendants of similar status of his or her spouse; and direct relatives in the ascending line who are
dependent on him or her, and relatives of similar status of his or her spouse. The wording of the Aliens
Act before 2007 used terms “children” and “parents” which was more limited than the formulation of
the Directive, which also includes grandchildren/grandparents

[van15]

Yes, the lady was totally dependent on his son. His son has job, and promised to provide fully financial assistance for his mom (this lady) so it won't be recourse to public fund.

What they want is just the right to stay, nothing else.

Many discussion about this case, on Finland forum (for expats in Finland ), most of people agreed that there should not be any case which is worse than this.

but still deported

So sad, and, this is why so many people claim that Finnish are so dearly beloved. Some convinced that elder need too much care (which is free in Finland), and so the government do not want their money goes for that.

A bit pity that the son did not try Surinder route, even if he would try, should it work?