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Thread: has anyone used the Surinder Singh route??

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  1. #1
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    Quote Originally Posted by tiger31 View Post
    do you have to be married to apply the surrinder route as i,ve been living with my g f in the philippines 2 and a half years
    You ask a very good question and one which does not entirely have a clearly defined answer.

    Technically the Surinder Singh caselaw mentions only spouse.
    Now that does not mean a UK citizen excercising EU treaty rights cannot bring their non-EEA spouse into UK. It means that there is risk that UKBA may get crusty about Family Permits.

    However, as I mentioned in my reply to blackcat it's not always necessary to have a UK Family Permit in order to gain legal entry to UK.

    If you are prepared/able to live and work in the EU with your family for sufficient time to secure full residence cards for all, then there is a chance that you could also secure all other documentation to enable UK entry.
    Do be aware though, that there's always a risk there could be denied UK entry for some reason or other.

    I don't know your planned timescales but maybe you have some time to hold fast and wait and see what the results of the UKBA review of income thresholds might be.

    The EU outside of UK will eventually accept a relationship of unmarried 'partner' .

    Here is the definition of "The partner with whom the Union citizen has a durable relationship, duly attested of " :-

    This category covers all other long term “durable” partnerships, including both opposite-sex and same-sex relationships.There is no official definition of how long the relationship must have existed. Some countries expect to see two years of living together, but if you have a child with somebody and live with them it would clearly be incompatible with the Directive to require two years of relationship history.When a member-state does not recognize civil partnerships as equivalent to marriage, this is the category which is used for entry.
    You'd need to share a lot more information on your EU plan to be able to get a better idea though.

    Can you wait a bit and see how The Home Office will finally decide on this income threshold?
    It may work in everyone's favour. We all have our fingers crossed on that.

    Stay in touch on this topic and let's find the best option for you.


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    Quote Originally Posted by Terpe View Post
    You ask a very good question and one which does not entirely have a clearly defined answer.

    Technically the Surinder Singh caselaw mentions only spouse.
    Now that does not mean a UK citizen excercising EU treaty rights cannot bring their non-EEA spouse into UK. It means that there is risk that UKBA may get crusty about Family Permits.

    However, as I mentioned in my reply to blackcat it's not always necessary to have a UK Family Permit in order to gain legal entry to UK.

    If you are prepared/able to live and work in the EU with your family for sufficient time to secure full residence cards for all, then there is a chance that you could also secure all other documentation to enable UK entry.
    Do be aware though, that there's always a risk there could be denied UK entry for some reason or other.

    I don't know your planned timescales but maybe you have some time to hold fast and wait and see what the results of the UKBA review of income thresholds might be.

    The EU outside of UK will eventually accept a relationship of unmarried 'partner' .

    Here is the definition of "The partner with whom the Union citizen has a durable relationship, duly attested of " :-



    You'd need to share a lot more information on your EU plan to be able to get a better idea though.

    Can you wait a bit and see how The Home Office will finally decide on this income threshold?
    It may work in everyone's favour. We all have our fingers crossed on that.

    Stay in touch on this topic and let's find the best option for you.
    ok will do i,m thinking of staying with my brother in germany with my g f take a job of some sort although i have a war pension and rental income and can live there on my income from what i understand i need a job of some sort


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    Quote Originally Posted by tiger31 View Post
    .....i have a war pension and rental income and can live there on my income from what i understand i need a job of some sort
    Technically, yes you're correct, you do need to be exercising treaty rights. Currently UKBA exclude self-sufficiency in their rules when it comes to UK entry under EU freedom of movement.

    My personal view is that the EU Commission will finally lose it's patience with UK and take us to the ECHC where it's ruling cannot be ignored.
    Currently all the EU Commission can do is make a complaint by Reasoned Opinion


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