# Surinder Singh changes?



## nyclon (Apr 3, 2011)

Are Surinder Singh requirements getting tighter?

http://www.legislation.gov.uk/uksi/2013/3032/pdfs/uksi_20133032_en.pdf

5. For regulation 9, substitute—

(a)“Family members of British citizens

9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a British citizen as if the British citizen (“P”) were an EEA national.

(2) The conditions are that—
(a) P is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom;
(b) if the family member of P is P’s spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in the EEA State before the British citizen returned to the United Kingdom; and
(c)	t*he centre of P’s life has transferred to the EEA State where P resided as a worker or self-employed person.*

(3) Factors relevant to whether the centre of P’s life has transferred to another EEA State include—
(a)	the period of residence in the EEA State as a worker or self-employed person; (b)	the location of P’s principal residence; (c)	the degree of integration of P in the EEA State.

(4) Where these Regulations apply to the family member of P, P is to be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.”.


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## Whatshouldwedo (Sep 29, 2013)

Certainly looks like this is the first step to curtail the SS Route!


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## Jrge (Mar 22, 2011)

Hi,

Changes come for a reason. On this forum we have recommended that a British Citizen must reside and work legally in another member state for at least 3-6 months. Also we have recommended to get a tenancy agreement, bank statements and even obtain RC for their non-EU spouse. What about joining a soccer team? Attending a local Church? Or volunteering at local Hospitals? That is part of ones centre of life.

That seemed basic and "fair". Unfortunately some citizens disagreed with that, and the feeling of self-entitlement and I "deserve it because I am..... OR I must have it" has made our recommendations now mandatory.

There are known cases where BC were claiming SS after being employed for 1 day! The law was being challenged and, in this case UKBA won.

We still promote and recommend what's legal and makes sense.

Animo
(Cheers)


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## Joppa (Sep 7, 2009)

Read the explanatory notes at the end of the SI:


> Paragraph 5 of the Schedule replaces the existing regulation 9 of the 2006 Regulations to require a British citizen to have “transferred the centre of his or her life” to another member State in order to acquire a right of residence in the UK for his or her non-EEA family member seeking a right to reside in the UK upon their return. Factors relevant to whether the centre of a person’s life has been transferred to another member State include the period of residence in that member State, the location of that person’s principal residence, and the degree of integration. These changes are to ensure that a British citizen engages in genuine and effective use of the rights conferred by Directive 2004/38/EC before a right to reside in the United Kingdom is conferred on a non-EEA family member.


While Home Office still accept the notion that the main reason for a British citizen going to exercise economic treaty rights is to enable their non-EEA family member to live in UK, bypassing the UK immigration rules, they now want stronger evidence of setting down roots in an EEA country. It remains to be seen if it's possible to transfer centre of one's life in as little as 3 months, while retaining UK home and possibly a job/business there. So the move to EEA may be temporary, but it must have an air of permanence about it. The rules are coming in on 1st January, and we will watch with interest how Home Office will enforce them.


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## Thaicat (Dec 21, 2013)

Thank you  i did have a read. I guess how it all pans out timecwise depends on translation by ukba. I would be going to france so was trying to see what excersing your rights means with regards to being there...as a self sufficient route would be better.

 thank you again.


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## Joppa (Sep 7, 2009)

UK citizen must be exercising treaty rights in an economic capacity, which means by working (being employed) or self-employment. Being self-sufficient (e.g. living off savings etc) isn't enough to bring non-EEA family member under the Surinder Singh provision of regulation 9 of the 2006 Regulations.


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## Thaicat (Dec 21, 2013)

How did i post in two places....crikey must be all that cough meds im taking.

Thank you joppa


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## Shnoodles (Jan 10, 2014)

Vey early but any news on the whole 'centre of life thing' at all? I was getting excited when I first came across the SS route. With further reading on these changes and how we don't know the implications yet I'm getting scared off the idea. Gray areas grr!


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## Joppa (Sep 7, 2009)

Nothing so far. Only second week of January. When I hear anything, I will post it.


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## Joppa (Sep 7, 2009)

I have done some more research on it and while there is no guidance from Home Office how this new rule is to be implemented, there are already a few points of dispute. First concerns the length of time that UK citizen has to be economically active in another EEA state. The minimum has always been 3 months following EU precedence, but some seem to think you now need more like a year. Danish rules on Surinder Singh were amended a few years ago and they now require a year. Secondly, whether you will still be eligible to bring family members under Surinder Singh if you continue to own accommodation in UK. Danish rules say owning a property - outright or on mortgage - disqualify you, while others interpret to mean that provided the accommodation is let out, and thus no longer available for you to live in, you are fine. 
So we wait and see.


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## Jrge (Mar 22, 2011)

Hi,


Joppa said:


> I have done some more research on it and while there is no guidance from Home Office how this new rule is to be implemented, there are already a few points of dispute. First concerns the length of time that UK citizen has to be economically active in another EEA state. The minimum has always been 3 months following EU precedence, but some seem to think you now need more like a year. Danish rules on Surinder Singh were amended a few years ago and they now require a year. Secondly, whether you will still be eligible to bring family members under Surinder Singh if you continue to own accommodation in UK. Danish rules say owning a property - outright or on mortgage - disqualify you, while others interpret to mean that provided the accommodation is let out, and thus no longer available for you to live in, you are fine.
> So we wait and see.


That was a centre of discussion a while back. Real estate investment(s) in home country shouldn't prevent any EU National from returning back home with their non-EU spouse under SS. Regardless of the economic activity you do with it (lease, rent, let, share, vacant, etc), you invest your monies any way you legally can, and on a way that benefits you and your family members.

I've just learned that residence periods of 6 months or lesser, doesn't constitute strong ground to pursue SS, as stays up 180 days doesn't make anyone a "habitual/permanent" resident, but instead a transient worker. Term which isn't part of the EU language. 

Animo
(Cheers)


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## Shnoodles (Jan 10, 2014)

Jrge said:


> Hi,
> 
> I've just learned that residence periods of 6 months or lesser, doesn't constitute strong ground to pursue SS, as stays up 180 days doesn't make anyone a "habitual/permanent" resident, but instead a transient worker. Term which isn't part of the EU language.
> 
> ...


This is now set in stone condition? How did you get the info?


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## ALKB (Jan 20, 2012)

Joppa said:


> I have done some more research on it and while there is no guidance from Home Office how this new rule is to be implemented, there are already a few points of dispute. First concerns the length of time that UK citizen has to be economically active in another EEA state. The minimum has always been 3 months following EU precedence, but some seem to think you now need more like a year. Danish rules on Surinder Singh were amended a few years ago and they now require a year. Secondly, whether you will still be eligible to bring family members under Surinder Singh if you continue to own accommodation in UK. Danish rules say owning a property - outright or on mortgage - disqualify you, while others interpret to mean that provided the accommodation is let out, and thus no longer available for you to live in, you are fine.
> So we wait and see.


A few people have started posting their refusals here and there - apart from length of stay, UKBA seems to be looking for long-term, self-contained accommodation with utility bills in the name of the EEA national and clear "effective" history of employment or self-employment in the host country.


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## Joppa (Sep 7, 2009)

Casual or transient work has always been ineligible for provisions under Surinder Singh.


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