The Surinder Singh Route

Both my wife and 4 month old daughter are still in the Philippines. Due to the financial requirement of £18,600 I can't bring them over as Im sure most people here know.

I'll keep saving up for a few more months, and then I plan to go to either Ireland, France or Spain to live/work for 3 months before attempting to bring them to me there in whatever country I'm in. I've got some important questions about this though:

1) Say for example I do end up settling in, staying in an EU country for those 3 months, how do I apply for them to come to me?

2) I don't have any friends or family in Europe at all... Id pretty much be stuck out there alone, working and paying rent etc. Anybody got any ideas?!




Clint

[Cambridgeshire]

Your wife can apply for an entrance visa to any european country in order to join you , just include a covering letter stating the date you intend to arrive.

For the first three months you as a european cit are automaticaly qualified after this you would need to be a worker, self employed, self suficient or student the last two would probably mean you need health insurance

After you and your family arrive and you meet one of the four criterea you and the family can apply for a residence card, the first two catergories are the route to arriving in the uk on the singh/ eindt route

Your wife can apply for an entrance visa to any european country in order to join you , just include a covering letter stating the date you intend to arrive. The only evidence required is your passports and marriage certificate

For the first three months you as a european cit are automaticaly qualified after this you would need to be a worker, self employed, self suficient or student the last two would probably mean you need health insurance

After you and your family arrive and you meet one of the four criterea you and the family can apply for a residence card, the first two catergories are the route to arriving in the uk on the singh/ eindt route

Hello... I am interested in this route too so I hope you don't mind me bumping your thread.

I am a UK Citizen currently in the Philippines with Filipina wife and child...

By the time we go the child will have a UK Passport so it will be just the wife who's going to need a Visa...

As far as I can work out I need to rent a property in Ireland and then get a PPS number to enable me to work... but what kind of Visa do I take my wife in on?

Can anyone give me a step by step of what you need to do?

Can we all go together or do I have to go first etc?

Welcome to the Forum, John!

To the best of my knowledge and belief you can not make use of the "Surinder Singh Route" from either Northern Ireland or Eire as they are both within the United Kingdom Common Travel Area - as are the Channel Islands and the Isle of Man. You will have to choose another EEA member country - but choose carefully as, for example, France only recognises the European Health Card for emergency treatment and requires the whole family to be covered by health insurance provided by a French company as a pre-requisite for a Residency Card. When I inquired about this a few months ago, I discovered that such insurance would cost around Eu4000+ per adult and Eu2000+ per child; and that was the cheapest quote! And I read that some areas of Spain are no longer recognising the EHC at all.

I can only help directly with the route from the Phils to Portugal but what I can say is that you all can go to any european country(except your own) by applying to an embassy of that country and they MUST issue the entry visa ,as a priority ,and for no cost to your family member(s) your family only need to supply your marriage certificate ,birth certs for children a copy of the EEA/EEU partners ID/Passport and a statement from you that your spouse/family will be travelling with you or joining you there an indication of your travel dates/tickets.

No questions of your intentions once arrived ,financial situation etc may be asked as you are automaticaly "qualified" during the first 3 months as part of your freedom of movement rights

John Surrey,
I can confirm that the above is correct.
I can also confirm it applies to all EU member countries. It applies also to Ireland (but not NI which is UK).

For EU countries a Schengen Visa is needed by the Non-EEA family member.
As Ireland is not within the Schengen Zone then the non-EEA family member will need to apply for an Irish Visa.

In the case of an EEA National exercising Treaty Rights in Ireland then take a look here at this link

Then review this webpage called Do I need an Irish Visa?

You'll need to reside in Ireland, also be working and able to maintain yourself and your family. Any non EEA national (eg your spouse) will need to apply for a residence card. Although there is no specified rule about how long you must be living and working there, most folks decide for at least 3 months going on to 6 months before making application for the UK Family Permit.
Now, although the UK Family Permit is not mandatory most folks find it helpful. Not having it could lead to delays at a manned border crossing.
Try, wherever possible, to minimise ALL risks. UKBA DO find ways to deny entry from time to time despite having a number of warnings from the EU commission. Not a major issue in the longer term, but a very major issue at the time of refusal.
With the route from Ireland to NI being quite fluid with no manned border controls then I wouldn't expect the same major problems. But that would have to be your own decision.
In any case it's most important that your spouse applies for a UK residence card asap. Again, although this is not mandatory, it's almost impossible to secure employment without one. Also leaving and re-entering UK without another UK Family Permit can get sticky.

Hope this helps

Whilst I would agree that it can be tricky we have achieved Nino Tax credits employment and a bank account with only the "6 month entry clearance 1A stamp" European law is quiet clear that no administrative process may be made dependent on having a Residence Card(which is only a comfirmation of a pre-existing right and tat these rights may be attested to by alternative means.

In addition the £55 fee that is now being charged is completly illegal and will no doughbt be challenged in the courts as soon as someone who has been charged has had there apllication processed ,since this only began on 12th July and 4-8 months seems to be the processing time it will start to happen from Nov-Jan an UKBA will if they loose have to repay all the applicants who were charged

Thanks, Peter, for correcting the rather duff information I was given re Eire.

Ireland has an Honorary Consul in Makati whose details are as follows:

However she may not be able to process the Visa in which case you will have to apply via its Embassy in Kuala Lumpur which also represents Eire in the Philippines:

My UK home is in Fishguard and there's a twice-daily ferry service to Rosslare (Stena Line) and I do know that UK Immigration and Customs withdrew from the port in early 2005. The only checks that take place are in Rosslare and these rarely affect foot passengers or those driving cars with UK number plates. There is an occasional Police/Department of Transport inspection at Fishguard Port but they're only interested in checking weights of rolling freight bound for mainland Europe.

I would suggest that you fly to Amsterdam and thence direct to an Irish airport as your wife might require a transit visa were you to fly via London.

Hello again...

Slightly different angle... UK Benefits Entitlement???

Just wondering what the differences were between entering the UK using an EEA Family permit and the normal Visa route ?

From what I can gather you're much better off coming in under the EEA Family Permit....

In general terms any non EEA family member(direct line) is treated in the same way, and with the same rights as there EEA partner since it is from them exersizing treaty rights that the right of residence comes from..

So in the Singh route a spouse would be treated as a Brit for all practical purposes except electoral

This might be of interest.


I understand that entry to Gibraltar and UK are governed by the same rules.

This is an exchange between Gib Immigration and me:-


From: xxxx
Sent: 29 September 2013 09:42
To: Austin Viagas, Gibraltar Immigration Department
Subject: entry to Gibraltar

I am a British national living in Spain with my non EU wife (pinay). She has permanent Resident Status.

I understand that if I have worked in Europe (outside UK ) my wife can accompany me to visit Gibraltar without requiring a visa (Surinder Singh ? )

I have been a voluntary worker with the National Police, for 15 years and for a while with the Guardia Civil, although of course without payment.

I have an official ID issued by the National Police showing that I am a 'Colablrador-Interprete'

Does that permit me to take my wife with me to visit Gibraltar ?


Thank you.


REPLY

Dear Sir

Thank you for your enquiry. Your wife may enter Gibraltar if accompanied by yourself with her Spanish residency card which should state that she is a family member of an EU National.

Kind Regards


Austin Viagas
Executive Officer
Immigration Department
Royal Gibraltar Police
Duke of Kent House
Secretary's Lane
Gibraltar

Tel: +350 20061564
Fax: +350 20074198

Interestingly enough the British Permanent Residence Card does not mention Family Member

Thing is John all you have to do in practice is show up at "Port" with your Wedding Certificate and the Printed Guidance for Border Control Your Residence Cards and tell them which treaty right you have been exersizing (worker or self employed )and they will stamp the Missus passport with an entry clearance that will say leave for 6 months but that never expires

Purely out of interest, suppose someone had already processed a visa through the traditional route and already had their wife in the UK on a spousal visa (under the new rules). So that means they meet the financial requirements and are happily living together. Assume that the sponsor loses their job just prior to FLR(M) application. They are effectively in a state were their wife would have to go back to PI as they now couldn't meet those financial requirements. Could the sponsor then do the EU route (as described above)? So effectively start the application afresh? Would there be any implications by doing that?

No that would be fine , so for example your non eea could apply for a shengan visa to say france ,you could both go there and you could look for work for 90 days there is no restriction if you get "work" or self employment your spouse and any non eea dependents can apply for a confirmation of your treaty rights (residence card).

Under European law the treaty right is available immediately it is generated and from where ever you are

Interesting, thanks Keith