S. Singh route vs. 5-yr family visa

[rj9722]

Hello all! Have been reading through the many helpful and insightful posts on immigrationboards- such a great site!

My husband is from Pakistan and I am from the UK and we have both been working in Sweden for over a year. However now I lost my job and we want to relocate to the UK.

I wonder if anyone could offer any advice on choosing between the Surinder Singh route (EEA family permit then UK residence card) and the 5 yr. joining family route ("family of a settled person visa" then 5 yr. "join family living permanently in the UK") as we could technically qualify for both.

I am aware of the price difference between the two, but only really care about which one tends to be more successful!

It seems to me that both carry the risk of being successful in the initial 6 month visa application and then potentially being refused the residence permit once you are in the UK on the visa? Does this ever happen- what would happen if you are refused the residence permit, would he have to go back to Pakistan?

Any experiences or advice would be greatly appreciated! A big thanks to all the contributors out there!

Best, jr2279

[noajthan]

Hello all! Have been reading through the many helpful and insightful posts on immigrationboards- such a great site!

My husband is from Pakistan and I am from the UK and we have both been working in Sweden for over a year. However now I lost my job and we want to relocate to the UK.

I wonder if anyone could offer any advice on choosing between the Surinder Singh route (EEA family permit then UK residence card) and the 5 yr. joining family route ("family of a settled person visa" then 5 yr. "join family living permanently in the UK") as we could technically qualify for both.

I am aware of the price difference between the two, but only really care about which one tends to be more successful!

It seems to me that both carry the risk of being successful in the initial 6 month visa application and then potentially being refused the residence permit once you are in the UK on the visa? Does this ever happen- what would happen if you are refused the residence permit, would he have to go back to Pakistan?

Any experiences or advice would be greatly appreciated! A big thanks to all the contributors out there!

Best, jr2279

As a BC myself, with non-EEA spouse & family, operating within the ever-changing & Kafkaesque ecosystem of UK Immigration Regulations has been a painful & costly & testing experience over the past 9 years or so.
We're regular, law-abiding, tax-paying kind of folks of 'good character' yet we faced 2 stressful, scary & expensive disputes with HO along the way.

In my experience EEA nationals (& those on SS route) appear to face an easier & less discriminatory journey. Much cheaper financially too (as you already recognise),

So if you have enough proofs of shifting your 'centre of life' (to meet HO's controversial requirement in that area) then that is your entry ticket to the EU route sorted.

After that it should be relatively plain sailing.
It's just a case of diligent evidence gathering, with frequent planning ahead to see what you need to assemble & prepare for ahead of the time it's needed.

KOLL has to be done for either route; good charatcer always has to be satisfied too - so the differences are all in the path to settled status.

Good luck.

[Casa]

As you've already spent 1 year working in Sweden, your situation appears to be ideal for the Surinder Singh route. Also bear in mind that if you decide to settle under UK regulations, in order to meet the strict financial conditions, you would have to show that you have been continually employed for the 6 months prior to submitting the spouse visa application with earnings equivalent to £18,600 per annum. You would also need to have a confirmed job offer in the UK to start within 3 months of arrival, again with £18,600 annual income.
This won't be required if you follow the SS route.

[rj9722]

Hi thanks so much for your replies, really helpful!

noajthan- I have a few questions on what you replied- (also I am relieved that SS route seems to be less stressful, though sorry to hear about your UK experiences :S )

In terms of proof of shifting my centre of life, what kind of evidence do people normally provide? The only bits on the "list" that I have are language schools as we both learnt Swedish. Will this be enough? Or do we need clubs and events? A written summary of our lives?

Also do you mean it is plain sailing moving from the EEA family permit to UK residence card?

What is KOLL?

Any suggestions of how to prove we are of good character? Character references?


Casa -thanks for your info! I would be happy to go through the 6 months and earning over £18,600 if this was usually easier than going the SS route. But if we are ideal for the SS route then maybe that is best.

Many thanks again to both of you!

[noajthan]

Hi thanks so much for your replies, really helpful!

noajthan- I have a few questions on what you replied- (also I am relieved that SS route seems to be less stressful, though sorry to hear about your UK experiences :S )

In terms of proof of shifting my centre of life, what kind of evidence do people normally provide? The only bits on the "list" that I have are language schools as we both learnt Swedish. Will this be enough? Or do we need clubs and events? A written summary of our lives?

Also do you mean it is plain sailing moving from the EEA family permit to UK residence card?

What is KOLL?

Any suggestions of how to prove we are of good character? Character references?

...

Many thanks again to both of you!

'Centre of life' is a somewhat controversial UK construct placed on top of the EU rules.

Regulation 9(3) specifies the factors to be considered when deciding whether a British citizen has transferred the centre of their life to another member state.

These include, but are not limited to:
a.the period of residence in another EEA member state as a worker orself-employed person;
b.the location of the British citizen’s principal residence;
and
c.the degree of integration of the British citizen in the host member state.

The criteria are indicative and it is not necessary to meet all three

Ref: https://www.gov.uk/government/uploads/s ... dacted.pdf

Examples of shifting your centre of life could include:
living in another EU country for 'x' months/years
AND
learning the language of host country;
placing (your) children (if any) in school;
buying property etc etc

For another view of this see:
https://www.freemovement.org.uk/surinde ... ion-route/

KOLL is 'knowledge of life & language';
ie LITUK test & proof of English - see Gov UK website.

For 'good character' you have to complete the AN application form:
complete the employment history section;
declare any convictions, etc (see guidance);
declare whether a terrorist, etc (I kid you not ; again see guidance);
provide referees (not references);
sign the declaration

[Casa]

KOLL and 'good character' are only required if you choose to apply for British citizenship in the future.

Property ownership isn't mandatory to prove you've 'moved the centre of your life'. Proof of property rental is acceptable.

[noajthan]

KOLL and 'good character' are only required if you choose to apply for British citizenship in the future.

Property ownership isn't mandatory to prove you've 'moved the centre of your life'. Proof of property rental is acceptable.

+1

I was assuming the ultimate aim of someone married to a BC and moving to UK would be the privilege of citizenship.

[Casa]

Surprisingly perhaps, not always.

[rj9722]

Hi again,

Many thanks for the answers to my questions- now I know all the abbreviations And good to know we don't have to provide any evidence for good character except filling out the form about previous convictions, etc.

Yes the aim is permanent settlement and citizenship--- this brings me to another question- after getting the EEA family permit (which I understand to actually be a 6-month visa) you have to soon apply for the UK residence card (5-yrs) based on Surinder Singh again.

Does it ever happen that the EEA family permit is successful but the UK residence card application is not? What would happen after that?

Many thanks again