Going to UK using Singh

[kadsac]

Me (non-EEA) and wife (British) are currently excercising treaty rights in sweden. we both have jobs and looking to go back to UK around summer time. I assume we apply for EEA2 once we are in the UK but I was just wondering as a non-EEA national do i have to apply for a visa to initially get to the UK with my wife or as is there something else that i am suppose to do. Also if i have to apply for the visa what kind of visa do i apply for? Also does my previous immigration histroy account for anything as we originally applied for spouse visa to go straight to the UK but this was refused and our solicitor messed up and didn't put in the appeal on time. I was an overstayer in the UK for 6 years because i was studying there.

Appreciate your answers.

[eldane]

1. First you managed to get out of Pakistan to Sweden
2. Then you managed to get a EEA resident card in Sweden
3. And you still have your mind set on going to the UK and as the British embassy in Pakistan did not want to issue a visa while over there you continue to struggle returning back to the UK that deported you years ago.

Hummm, beats me what's so rosy in the UK but apply for an EEA family permit https://www.visa4uk.fco.gov.uk/AppProce ... check=true

[kadsac]

First of all i wasn't deported i left on my own accord, secondly Sweden wanted me here because I am doing important research in their top medical facility thirdly whats so rosy in the UK?...
whatever was so rosy in the south east of asia 250 odd years ago !!!

Thanks for the advice.

Basically my British wife want us back in the UK so our son can grow up around her family

[86ti]

You have to apply for the EEA family permit (that's an entrance clearance and not a visa). Make sure that your wife can proof worker or self-sufficient status while in Sweden for at least six months. Also, write a cover letter and make it clear that you are applying under the Singh ruling. Previous immigration history should not have any effect. Your marriage must be genuine which means that if you have married just recently you better also supply sufficient proof of your relationship prior to marriage.

[xhesika]

hey,

With a deportation order, 2 failed visit visas and 2 failed spouse visas under his belt, My non eea husband was just granted a 6 month eea fp to join me here in the UK. we were living in greece prior to my giving birth to our son 10 months ago.

(NOT proud of the deportation but everyone deserves a second chance)

It took them 8weeks to decide whether to grant him the visa or not...

He did try to enter UK on a plane without entry clearance but was unsuccessful because the airlines were scared of recieving a fine..... although if he HAD of flown to the UK without entry clearance, he WOULD most definately of been allowed in after some extensive checks and interviews because I was exercising my treaty rights in Greece previously and now in the UK.

We took the route of applying at the embassy who advised us we werent entitled to applyfor this visa.... many phone calls and emails later, they accepted my husbands application!

If your wife has a definate job to come back to, get proof of this, get proof where you will live, proof of your relationship, most eco want a minimum of 2 years proof NOT JUST 6 MONTHS of your wife exercising her treaty rights within the ec/eea with you....it is not a solidly set rule and there is no black and white right or wrong time, the eco deciding will set the time limit!

This surinder singh ruling is not a very well known route but with the right documents and proof you should have no problems.....

Book an appointment at your nearest uk embassy, get your vaf 5 filled in etc, and wait for the 6month entry clearance....you then have to get a residence permit after that, which you can apply for once you are here. put BOTH your names on all bills, try to have savings, your wife should either be employed or job seeking on JSA.......

Also, make sure your wife is present with you when you travel or meets you at the airport,I met my husband and they demanded I answer a few questions when my husband arrived at heathrow otherwise they were going to detain him! it's nothin major, just the usual where did you meet, how do you know eachother etc

Thank god for surinder singh! hes worth our weight in gold!!!

I wish you luck.

[Ben]

you then have to get a residence permit

Arrghh!!

[xhesika]

you then have to get a residence permit

Arrghh!!

why Arrghh!! ? Is this not correct?

[Rozen]

you then have to get a residence permit

Arrghh!!

why Arrghh!! ? Is this not correct?

It's a Residence CARD, not Residence PERMIT! There's a difference!

[xhesika]

you then have to get a residence permit

Arrghh!!

why Arrghh!! ? Is this not correct?

It's a Residence CARD, not Residence PERMIT! There's a difference!

Please can you elaborate on this? I am seeking some information too, I was advised that it was a 5 year residence PERMIT, not residence CARD. How do you obtain such things after the initial 6 month family permit runs out and what is the difference between ?

[86ti]

Please can you elaborate on this? I am seeking some information too, I was advised that it was a 5 year residence PERMIT, not residence CARD. How do you obtain such things after the initial 6 month family permit runs out and what is the difference between ?

http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/

[xhesika]

thank you for the link. I am wondering if you can clarify a couple of things, IS my husband allowed to work here right now on the eea fp valid for 6 months.?

....

He has just applied for his NI number. He is a qualified driver and is muchmore likely to find work before I do.

We have a son too and by law I am entitled to a years paid/unpaid maternity BUT I have now started to claim JOB SEEKERS as jobs are few and far between and there is noone to look after our son.......

IS jobseekers sufficient enough for my husband to submit an eea2? ALSO it says on the aplication form: all of the nationals of eea countries allowed to exercise their treaty rights....BUT it does not say UK!

When applying for the permit would it be advisable to submit a cover letter explaining the route we used or something like that?

ARGHHHH things seem to be getting complicated again!

Any help will be appreciated .... Thank you

[Ben]

thank you for the link. I am wondering if you can clarify a couple of things, IS my husband allowed to work here right now on the eea fp valid for 6 months.?

Yes, so long as you become a "qualified person" after, or before, three months of arrival in the UK.

I have now started to claim JOB SEEKERS as jobs are few and far between and there is noone to look after our son.......

So how are you a job seeker?

IS jobseekers sufficient enough for my husband to submit an eea2?

A job seeker is a qualified person (considered as a worker), but in light of your revelation above it seems that you many not be a genuine job seeker.

ALSO it says on the aplication form: all of the nationals of eea countries allowed to exercise their treaty rights....BUT it does not say UK!

Ignore that if Singh applies to your situation.

When applying for the permit would it be advisable to submit a cover letter explaining the route we used or something like that?

What permit? You said on 31st Jan, in your post above, that your husband has already been issued an EEA Family Permit.

[xhesika]

thank you for the link. I am wondering if you can clarify a couple of things, IS my husband allowed to work here right now on the eea fp valid for 6 months.?

Yes, so long as you become a "qualified person" after, or before, three months of arrival in the UK.

I have been in uk since Jan 2009, I was in greece for holiday only this year as I was pregnant, the eco had to use discretion in our case because of my health, being in uk from Jan 09, being in Greece in AUG 2009, Applying in Nov 2009 for permit did not cause any concern about my treaty rights being exercised as I was and still am entitled to maternity leave up until 20th march although I am now actively seeking part time work because of various reasons.

I have now started to claim JOB SEEKERS as jobs are few and far between and there is noone to look after our son.......

So how are you a job seeker?

I am jobseeking by searching in papers, job centre, internet, traipsing around agencies in freezing cold, whos boss's say NO we have no work.....try again next week......the workers board is FULL of foreign names, god damn it, why do they have to work so hard!!! I meant there is noone to look after my son FULL time, of course, my husband can look after him, but my son is very particular and very hard work, having not known his daddy for some time, he is still wary of him. can my husband working enable me to quote that I am self sufficient because of his income if he was to work?

IS jobseekers sufficient enough for my husband to submit an eea2?

A job seeker is a qualified person (considered as a worker), but in light of your revelation above it seems that you many not be a genuine job seeker.

I am claiming job seekers allowance. I am not a qualified person, I have no formal qualifications as such but my husband is a lorry driver and has a categorically full european driving licence, just because I have no quals does it mean I am not entitled to a private family life even though my treaty rights are being exercised as I am actively seeking work as a job seeker>? there is no more evidence than jobseekers to proove my job seeking right?

ALSO it says on the aplication form: all of the nationals of eea countries allowed to exercise their treaty rights....BUT it does not say UK!

Ignore that if Singh applies to your situation.

Thankyou, yes it does apply because I was employed in Greece.

When applying for the permit would it be advisable to submit a cover letter explaining the route we used or something like that?

What permit? You said on 31st Jan, in your post above, that your husband has already been issued an EEA Family Permit.

oh sorry I meant residence CARD.....yes he has his permit valid for 6 months.,........

Thankyou for all of your help,.....my queries have never been answered in type I can understand because I have been fighting for my right to a private family life for far too long..... my brain is full! Now my husband is home, can you please tell me IF my jobseekers allowance claim is enough in terms of proof of jobseeking and if my husband has a right to work now ? thank you

My council has stopped my council tax benefit, housing benefit, income support, child taxcredits etc and has said we must claim as a couple but noone not even the home office are prepared to say he is or isnt allowed to work nor that he is or isnt entitled to public funds or to claim for my son jointly!

Any help will be appreciated .

Thank you

[Obie]

EEA Family Members and Benefit entitlements, Rights and Responsibilities , Public Funds ,

This is subject to you intending on exercising a Treaty Rights as a Self-Employed or Worker or Jobseeker.

[kindley]

EEA Family Members and Benefit entitlements, Rights and Responsibilities , Public Funds ,

This is subject to you intending on exercising a Treaty Rights as a Self-Employed or Worker or Jobseeker.

Sent you PM hope u can help.

thanks

[Obie]

I have not received any PM from you, just in case you are wondering why i have not replied.

[kindley]

I have not received any PM from you, just in case you are wondering why i have not replied.

Thanks Obie, I have resent it.

[kadsac]

Hello all,
With the helpful advice from this forum, me and my wife now have the residence card and registration certificate. Swedes took some time (just a little over 6 months) but we finally got it. Very grateful.

I have another question, does my wife (EEA national) have to be working for ATLEAST 6 months before we can apply for Residence permit for the UK? even if we just wana visit or something? She only started working at the start of april but we were wondering if we can visit the UK for a week or so around the end of this summer (preferably in July but can wait till Aug). We are happy in Sweden and probably will be staying here for another year but it will be nice to be able to visit UK in the summer. I looked at the Singh ruling but it doesn't state anywhere specifically the 6 month period of economic activity.

[677ano]

Arrghh!!

why Arrghh!! ? Is this not correct?

It's a Residence CARD, not Residence PERMIT! There's a difference!

Please can you elaborate on this? I am seeking some information too, I was advised that it was a 5 year residence PERMIT, not residence CARD. How do you obtain such things after the initial 6 month family permit runs out and what is the difference between ?

All you have to do is take time to read the information in this forum which is very very helpful

[677ano]

Me (non-EEA) and wife (British) are currently excercising treaty rights in sweden. we both have jobs and looking to go back to UK around summer time. I assume we apply for EEA2 once we are in the UK but I was just wondering as a non-EEA national do i have to apply for a visa to initially get to the UK with my wife or as is there something else that i am suppose to do. Also if i have to apply for the visa what kind of visa do i apply for? Also does my previous immigration histroy account for anything as we originally applied for spouse visa to go straight to the UK but this was refused and our solicitor messed up and didn't put in the appeal on time. I was an overstayer in the UK for 6 years because i was studying there.

Appreciate your answers.

If you know there are issues with your immigration history in the UK that will make any application you make unsuccessful why dont you just take a break from UK and settle in Sweden