EEA PR application under Surinder Singh Route

Awais Anwar made this Freedom of Information request to Home Office

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Dear Home Office,

I need the following information regarding EEA PR application.

I have few questions in my mind hopefully they will be felt as soon as possible.

1. If someone gained their EEA residence card before 1st of January 2014 would they have to show the centre of life requirement in their EEA PR application.

2. Once someone gained their EEA residence card under SURINDER Singh route and lived in U.K for the continues period of 5years and when they apply their PR would they have to show that ,
Their BC(who has already exercised their treaty rights in another member state) must be a qualified person in U.K throughout 5 years of their residence after returning from another EU STATE. Or the judgement of EIND has a impact on these applications.

I have checked the latest EEA PR(March 2016) the guidance of those application forms says you don't have to fill your sponsorer's qualification section if you applying as a family member of BC under SURINDER Singh route.

I would be great full if my query will delt within the estimated response time.

Yours faithfully,
Awais Anwar

generalimmigrationenquiries, Home Office

Dear Sir/Madam,

 

 

Thank you for your email correspondence of 10 January. 

 

Please note, the onus is upon the individual customers to ensure that they
satisfy the requirements set out in the guidance material that accompanies
each and every application form.  Therefore, you are advised to read
through the guidance prior to submitting a future application.

If after reading the application guidance you are still unsure as to the
requirements for the application you wish to submit you should seek
independent immigration advice.

Immigration advisers can help you with immigration matters, including
completion of forms and representing you at a tribunal.  The Office of the
Immigration Services Commissioner (OISC) regulates immigration advisers,
which means they must meet certain standards.

Please see the link below to find an immigration advisor:

 

[1]https://www.gov.uk/find-an-immigration-a...

We are unable to advise you any further on your enquiry.

Yours faithfully,

 

 

Emma Fields

Customer Service Operations

UK Visas and Immigration

 

 

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Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'EEA PR application under Surinder Singh Route'.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

Dear Sir/Madam!
I am not satisfied about the response made on my FOI I am also aware of the EEA regulations 2006 and changes has been made on 1st January 2014 on regulation 9 of the EEA regulations of 2006 regarding the family members of the Certain British citizens who excersised their treaty rights as further more there has been a change again in EEA regulations Back in December last year therefore I did email to find out on what merits EEA permanent residence applications under SURINDER Singh route will be decided.

My second question was do British national will have to be a qualified person throughout 5 years in U.K. After returning from another EEA state or still case judgment of EIND has a impact on these applications according to the current changes in the law.

Hopefully this time my FOI query will be delt with the information required. Thanks

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/e...

Yours faithfully,

Awais Anwar

generalimmigrationenquiries, Home Office

Dear Sir/Madam,

Thank you for your email correspondence of 12 January.

Please could you provide us the email chain with the response you have received.

Yours faithfully,


Mala Anand
Customer Service Operations
UK Visas and Immigration

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Dear Home Office!

I have few queries regarding the recent changes in EEA regulations 2016 in paragraph 9 about the The family members of British Nationals. I have read the changes and even viewed the home office guidance for the their staff about the SURINDER Singh applications published on 4th April 2017.

There are two things which are not clear as by far;

Firstly For example who are already in the UK for last 2 or 3 years and they have the status of the Residence card under SURINDER Singh when the apply their PR application would they have to demonstrate that their British national has been a qualified person throughout the 5 years in UK after their return from the from an EEA state?If yes they have to be a qualified under EEA Regulations then what's about the amount of time they have already spent in UK (When British national had not to be the qualified person). Or they just have to demonstrate that their British national Sponsorer is a qualified person since 26th November 2016 (When these changes have been brought down to Paragraph 9)?

For Example Mr John(British National) living with his non EU wife in UK under SURINDER Singh since September 2013 and his wife has a valid Residence card untill December 2018. After their return from an EEA state Mr John started studying and his status was Student for the first 2 years of their return , and after getting his postgraduate degree he started employment and then next 3 years he worked full time in UK.
While on the other hand his non EU wife has been in employment in UK throughout the five years of their residence.

So here is the question that "Mr John didn't bought the insurance for his wife while he was studying as it wasn't necessary back then for the family members of British National Under Surinder Singh route" therefore when his wife applies for PR then how can she provide the CSI cover for the first 2 years of their residence because they didn't have it as IT WAS NOT THE REQUIREMENT to maintain their lawful residence in UK ? Why there is not any transitional arrangements for PR applications in these circumstances?

Secondly , when Mr John,s wife already has a successful application of Residence documents under SURINDER Singh back in 2013. And then she lived with her husband in uk for the countinues period of five years. Therefore, when she applies her PR card then would she has to go through again about the centre of life requirements along with all the new changes or not?

All in all my concern here is why home office didn't have the transitional arrangements in order for at least Permanent Residence application about the Qualified section as well as for their movement in EEA state because they already have the successful application and they have been residing in UK lawfully as per the EEA regulations 2006 by that time when these new changes were no where in place.

Yours Sincerely,
Awais Anwar

generalimmigrationenquiries, Home Office

Dear Sir/Madam,

 

 

Thank you for your email correspondence of 12 April.

 

We are making further clarifications regarding your enquiry.  We will
reply to you as soon as we have the response.

Yours faithfully,

 

 

Mala  Anand

Customer Service Operations

UK Visas and Immigration

 

 

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BritCits left an annotation ()

Awais - have you requested an internal review? We note this response is now long overdue and only you are the requestor is able to ask for an internal review.