Surinder Singh 3 months statements

[Anamkhan]

Hello
Please please advice

I am a British citizen living in Germany .been here for 4 years now. Planning to go to the UK with my non EEA family member . he has residence card issued in Germany on the basis of my self sufficiency. Since that's not very much accepted when using surinder Singh route ( relied on husband income to be accepted as self sufficient ) husband is paying for health insurance through his income monthly and me and my daughter are covered under his policy. If we wanted to use self sufficiency we would have to show that we had comprehensive health insurance cover but our insurance company say they don't give out policy documents as this is not the norm in Germany so will be difficult to prove that we comprehensive health insurance cover.

.I started work in min Jan and on 20th march I will be ending work and then moving to the UK on 23rd hopefully.

Question is whether my work from mid Jan to 20th March counts as three months

I will have three payslips for three months Jan,Feb and march when I stop working does that make any difference. ?

Please reply. I ma very nervous. I don't want to be in a position where I have left everything in Germany only to find out that I havent worked enough to satisfy the route.

Please advice

[Anamkhan]

Anyone ????/

[Obie]

I am not sure a residence of 3 months is sufficient. It will have to exceed 3 months for you to qualify.

[Anamkhan]

Thank you for your reply
I have been a resident in Germany for 4 years but resident as a qualified person from mid Jan till 20 march ( if that's what u meant) .. So have to be working for more than 3 months?

I was afraid that was the case but I don't know what's happening regarding brexit ,deal or no deal or delay , and since April.is approaching and usually there's changes in law I didn't want to risk not being able to use surinder Singh route.

[ALKB]

husband is paying for health insurance through his income monthly and me and my daughter are covered under his policy. If we wanted to use self sufficiency we would have to show that we had comprehensive health insurance cover but our insurance company say they don't give out policy documents as this is not the norm in Germany so will be difficult to prove that we comprehensive health insurance cover.

Make photocopies of the front and back of your health cards and ask the insurance provider to send you a Mitgliedsbescheinigung. That at least is standard procedure and you shouldn't have to give a reason for why you want one to be sent to you (usually when starting a new job, the employer wants this document, for example, but that's only one common reason).

I am not sure whether the UK will be satisfied but these are the documents one would show in Germany to demonstrate insurance cover.

Coming to think of it - since you've been working, have you not had your own health insurance?

[Anamkhan]

Thank you for your reply. I do have health insurance cover now that I am working. But that's only from mid Jan till March 20th when I will leave the job.

To.prove self sufficiency from 2015-2018 I need to show that I had comprehensive health insurance cover. My husband was paying towards and me and daughter were covered as family members but have no policy documents to prove that

[ALKB]

Thank you for your reply. I do have health insurance cover now that I am working. But that's only from mid Jan till March 20th when I will leave the job.

To.prove self sufficiency from 2015-2018 I need to show that I had comprehensive health insurance cover. My husband was paying towards and me and daughter were covered as family members but have no policy documents to prove that

But even under Familienversicherung, you still had a health card and you should have received a Mitgliedsbescheinigung when you first enrolled under your husband's policy? It's kind of important to keep such things.

[Anamkhan]

I do have a card. We have a certificate for each of my family member , husband me and kid. It simply says from 2015 -2018 we were covered until husband insurance policy. When applying for surinder Singh ,home office would want to see policy documents which shows that it's a comprehensive health insurance cover . those certificates does not show what the company covers .

[ALKB]

I do have a card. We have a certificate for each of my family member , husband me and kid. It simply says from 2015 -2018 we were covered until husband insurance policy. When applying for surinder Singh ,home office would want to see policy documents which shows that it's a comprehensive health insurance cover . those certificates does not show what the company covers .

You haven't taken out an insurance policy as such, you enrolled in the statutory health insurance programme, which is always comprehensive, regardless of the provider. Germany is a popular country for Surinder Singh cases, I am sure HO is aware.

I think you'd more likely be refused for your extremely short time spent actually exercising treaty rights that qualify you for Surinder Singh than for the health insurance.

[Anamkhan]

Thank you for your email.

I spoke with a lawyer in uk over the phone. She said now under Surinder Singh self sufficiency is also considered exercising a treaty right for the purposes of following this route as long as you have comprehensive health insurance policy for the entire period which one claims to be self sufficient. I was self sufficient for over three years. Husband had health insurance and me and kid were covered under that policy . so if home.office has no problem accepting that I had comprehensive health insurance policy they will accept that I was exercising my treaty right as a self sufficient person since 2015-2018 and then as a worker since Jan 2019-mar 2019. That is a long enough time for Surinder Singh purposes ..

After speaking to the lawyer I just wanted to ensure that home office will indeed accept my health insurance policy was indeed comprehensive

[NatCam]

@anamkhan Because you are only concerned about the insurance, I'm sure you have everything else in order.
Sorry to ask but was your child born in Germany?
I don't think you will be rejected unless your husband had had some difficulties before (meaning UK immigration system).

[NikiGio]

As a side note - have you heard of the new EU Settlement Scheme?
Applications will be open to Surinder Singh family members as of 30.03.19. This could be potentially a more straightforward application for your husband - as it's not based on your exercising treaty rights and it doesn't require CSI. It's based on UK residency, identity, relationship to EEA national and criminal check. Also, nothing stops your husband applying for both a Residence Card and Settled Status.

A Residence Card is an immigration status granted under the EU immigration regulations, and will be obsolete from December 2020 if Brexit goes ahead. So even if your husband applies for a Residence Card when he arrives, he will have to apply for Pre-Settled Status too before December 2020 (for free).
Settled Status is an immigration status granted under the new UK immigration regulations for EEA nationals and their family members. It was created after the Brexit referendum.

You might want to consult the pro-bono lawyers at UKCEN for initial (free) advice. If they recommend the formal advice of a lawyer, you can find one through this site or via them or by going to the lawyer you spoke to already. The Settled Status application probably won't require a lawyer, but make sure you read up/research.

[Anamkhan]

@ natcam. Yes baby was born in Germany .
And I am not very sure about things but I am hoping self sufficiency ( husband contract and payslips and our health insurance cover ) and my three months payslips will do the job

[Anamkhan]

@ nikigeo thank you for your reply.

I am hoping that the settlement scheme will.fully open on 30 march. Even then for my husband to be eligible he needs to show he is a family member of a qualified British citizen,that is that I have exercised my treaty right in another member state before returning to.uk hence all the questions about whether my status as a self sufficient person will be accepted ? If not whether my three months payslip is sufficient under Surinder Singh

[NatCam]

Do you have a joint bank account?
I don't think that 3 months' payslips are enough. And I do not think that they are actually necessary. There are plenty of people who rely on partner's income. If you can prove self-sufficiency through your husband's income you will be fine.
The best of luck to you.

[Anamkhan]

Thank you

No we don't have joint bank accounts ... He receives income in his bank.