want to come uk under surinde singh

[mind]

I am non-eu husband of british citizen.I was on student visa in england got schengen visa and arrived in spain
we are doing surinder singh route.My wife is working part time since 1 month.we are planning to go back in england
after 3 months.I have heared the family permit being refused because of centre of life requirement.we have evidences of emails
pictures etc to prove we have been in relationship since last 3 years our marriage tookplace in england.My question is
that can I get code 1A on arrival I think we can fly togather because I still have my student visa which will expire april 2015
as long as I understand I can board into plane using my student visa and ask code 1A on arrival in airport.I know I can't use my student
visa because I have left my college.I just thought instead of going ferry through calais I can fly because i have student visa
of England.Thanks in advance

[CR001]

centre of life requirement

This means moving centre of EU person/your life to an EU country, not what has been while living in the UK. I would suggest you wait at least 6 months to 12 months before trying the SS route.

[Casa]

On degree of integration (centre of life) the guidance states the following;
12.When considering the degree of integration in another EEA member state, relevant factors may include:
a. Does the British citizen have any children born in the host member state? If so, are the children attending schools in the host member state?
b. Does the British citizen have any other family members resident in the host member state?
c. Has the British citizen immersed themselves into the life and culture of the host member state? For example, have they bought property there? Do they speak the language? Are they involved with the local community?
The more of these factors that are present on a case, the more likely the British citizen is to be considered as having transferred the centre of their life.

[mind]

Hi guys


Thank you so much for your Reply.UKVI centre of life is illegal ( New case: O and B v The Netherlands
The most important change since Surinder Singh itself is the new case of O and B v The Netherlands Case C-456/12, handed down by the Grand Chamber of the Court of the European Union on 12 March 2014. Without much mentioning Surinder Singh, the judgment completely re-writes the legal basis of the earlier case and sets out important and binding new guidance.)

even after 6 months I have heard people being refused FP because centre of life.My question is after working in Spain more then 3 months and we skipped FP.if we moved to UK through ferry or I can enter using my student visa we can apply resident card within UK.Please help

Thanks

[MPH80]

Yes - but the same centre of life test will be applied.

Regardless of what those rulings have put in place - it does not change the fact that the UK Government is currently applying this test.