# My "centre of life" and the Singh Route EEA Family Permit



## HighwayStar (Nov 21, 2014)

I've seen other forum topics where individuals get carried away in advising those seeking to take advantage of the Surinder Singh route to the UK for their non-EEA loved ones, by asking them what they've done to consider themselves "centred", including an array of questions such as, "had they joined a club or society"?

I am looking to "take advantage" of the EEA Family Permit using the Surinder Singh route. I've been a resident in Spain since 2004. I didn't step outside of Spain until 2008, briefly returning to the UK 12 months ago to take on a 3 month job to fund my nuptials in February of this year. I met my wife, a South American with dual US citizenship, in 2010. She moved to Spain at the beginning of this year to live with myself and my parents. She intends to take up an offer of a place at University in the UK next September and we'd like to move there together, so I thought it would be more beneficial to try the Surinder Singh route rather than apply for a student visa.

So I'm wondering. I personally think we wouldn't have a problem with the application for an EEA Family Permit, at least not the integration requirement (although going back to those forum types who like to prey on the uncertainty of others, I'm a bit of a hermit and always have been!). My wife is a native Spanish speaker and fluent in English, and I get by pretty well after 10 years of conversational Spanish. My wife is now a resident in Spain, we are on the empadronamiento at the Town Hall along with my parents, at their property. We have Social Security numbers, and private health cover through our Spanish bank. 

What I don't have in Spain is a job. Maybe no surprise there, but I've never worked or paid into the system here either, so maybe I need to change that. I've lived with my parents for the past 10 years, helping my mother to maintain their large cortijo. I was supported by my parents in that respect, working at home in return for food and shelter and doing the odd job for fellow ex-pat friends of theirs. But supporting your elderly parents, one of whom is severely disabled and now requiring 2 nurses on home visits each day, will mean little when it comes to proof of "exercising my treat rights".:blabla:

As far as I'm concerned, job or no job, I've done my bit. I'm an extension of my parents situation, doing everything that my father couldn't do around the house that he bought, but was resigned to watching from an armchair through no fault of his own. I called myself 'retired' when I moved here in 2004, and now consider myself self-sufficient, but how is that likely to be approved on an application for an EEA Family Permit? Any thoughts?


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## _shel (Mar 2, 2014)

You'll qualify easily. You've been there so long it cant be anything but the centre of your life.


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## xabiaxica (Jun 23, 2009)

_shel said:


> You'll qualify easily. You've been there so long it cant be anything but the centre of your life.


thanks for replying to this _shel - I've been meaning to do so & kept getting tied up in other things!


the only caveat I'd make is that in order to prove this long term residency, the padrón might not be enough - so hopefully HighwayStar is also registered as resident & has been submitting annual tax returns (even if they have been 'zero' returns)


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## HighwayStar (Nov 21, 2014)

Thank you ladies, for your replies. 

I am indeed a resident, since 2004. In fact, in addition to my more recent residency document issued in 2010, I still have my old plastic NIE card with the expiry date shown at 2009. This could be useful in showing that I've been a resident since 2004.

As for tax returns, I had no idea that I needed to be involved in anything like that. I have a social security number, but I'm not a home owner and have neither been employed or self-employed in Spain. Hence my case for self-sufficiency. I'm currently drafting a letter to support my wife's application at visa4uk. 

Do you happen to know what happens after the on-line form has been submitted, and the time scale involved? My wife is visiting her family in Peru until February and I'm wondering if and when an interview at the British Embassy in Madrid is likely to happen as a part of the process. Thanks again for chipping in!


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## _shel (Mar 2, 2014)

You could post on the UK board. The folks over there are more versed on EU rules and what will happen, or I could shift this thread?


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## larryzx (Jul 2, 2014)

I am interested too.

I have dual nationality UK and Irish. As a UK citizen I believe if one has worked in EU then the Surinder Singh route is a possibility. I have been resident for 26 years and my non EU wife has been resident for 8 years.

I have worked in a voluntary sense for 15 years but I cannot get confirmation from UK what 'work' amounts to, i.e. if it must be paid work?

I have taken my wife to Gibraltar on an Irish Passport, and more recently I got a reply from Gib Immigration that I could take her there in UK nationality. I have done that once.

In theory the rules applying to GIb are (I believe) the same as UK.

I checked with an airline and they said they would only allow my wife to board a flight to UK if she had a visa.

I have thought of renouncing my UK nationality as that may make it easier for us.

Any specific info will be appreciated.


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## HighwayStar (Nov 21, 2014)

_shel said:


> You could post on the UK board. The folks over there are more versed on EU rules and what will happen, or I could shift this thread?


Thanks _shel. Feel free to move this thread, although personally, my aim is to record my experiences as an ex-pat in Spain, including the outcome of any subsequent interview that my wife and I may need to attend. If that can help others in Spain doing the same, then great. Likewise we might hear from a few who've already "been there and done that". I will of course, check out the UK board.


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## _shel (Mar 2, 2014)

larryzx said:


> I am interested too.
> 
> I have dual nationality UK and Irish. As a UK citizen I believe if one has worked in EU then the Surinder Singh route is a possibility. I have been resident for 26 years and my non EU wife has been resident for 8 years.
> 
> ...


 You dont need to renounce. You are resident in the EU with your spouse so qualify to take her back to the UK under EU SS route. Whilst working for some is important its more for those who use the route to circumvent immigration rules who think hopping to france for 5 months will be enough. It wont, hence the centre of family life rules to discourage them. Those that are long term legal residents would qualify currently employed or not, though you must be self sufficient anyway if you are not working so are exercising treaty rights. The point is you are not dependent on the country you are in through welfare. 

Yes your wife needs a visa to go to the UK because you are british and she a visa national. That would be the EU Family Permit https://www.gov.uk/family-permit. You go to the UK then once there apply for a residence card https://www.gov.uk/family-permit


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## larryzx (Jul 2, 2014)

We would only be going to UK for a holiday not to settle there, and as I said, _I checked with an airline and they said they would only allow my wife to board a flight to UK if she had a visa._ So they would not go along with the Surinder Singh route


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## _shel (Mar 2, 2014)

So get the family permit which is as much for visits as to settle, its free and quick, include a letter stating its a holiday and you will both be returning to your home. See no reason why it wouldn't be granted. 

Yes eu rules should mean visa free travel with your spouse but due to the high numbers of scammers people just are not trusted so need the FP.


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## larryzx (Jul 2, 2014)

_shel said:


> So get the family permit which is as much for visits as to settle, its free and quick, include a letter stating its a holiday and you will both be returning to your home. See no reason why it wouldn't be granted.
> .


 Shel I am not as certain as you that I can get a Family Permit.

Quote:- https://www.gov.uk/family-permit
You can apply for an EEA family permit to accompany your family or partner to the UK (or join them after they’ve arrived) if:

the person you’ll be accompanying or joining is from the European Economic Area (EEA) *but not the UK*
you’re from outside the EEA

You can apply as either:

the wife, husband, civil or unmarried partner, child, grandchild, parent or grandparent of the person you’ll be joining in the UK
a dependent extended family member - eg unmarried partner, brother, sister or cousin

You can also apply for an EEA family permit if you’re the main carer of:

a British citizen
a financially self-sufficient child who is an EEA national
a child of an EEA national who was a worker in the UK

*You should apply for a visa to join your family member instead if your family member is a British citizen* (unless you’re their carer).


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## _shel (Mar 2, 2014)

Read here https://www.gov.uk/government/publications/eea-family-permits-eun02/eea-family-permit-eun02#eun214-can-family-members-of-british-citizens-qualify-for-an-eea-family-permit-surinder-singh-cases


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## larryzx (Jul 2, 2014)

Shel, Sorry if I appear obtuse but as I explained although I have worked for 15 years in Spain it has not been paid employment. Thus it may not count as having worked, therefore I do not think I can take my Non EU wife to UK without a visa.


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## xabiaxica (Jun 23, 2009)

larryzx said:


> Shel, Sorry if I appear obtuse but as I explained although I have worked for 15 years in Spain it has not been paid employment. Thus it may not count as having worked, therefore I do not think I can take my Non EU wife to UK without a visa.


if you have lived in Spain all that time then Spain is clearly your 'centre of life' whether you work or not

take a look at our Britain forum - there are tons of discussions about this


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## _shel (Mar 2, 2014)

larryzx said:


> Shel, Sorry if I appear obtuse but as I explained although I have worked for 15 years in Spain it has not been paid employment. Thus it may not count as having worked, therefore I do not think I can take my Non EU wife to UK without a visa.


 To qualify under ss you just need to be exercising treaty rights in another eu country.

I'm assuming you are living off pensions, spouse income or savings if you are not employed. To exercise treaty rights you must be employed, studying or self sufficient. Living off your own or spouse income ie pensions, is self sufficient.


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## HighwayStar (Nov 21, 2014)

So here is a long-overdue update!

Having initially refused my wife an EEA Family Permit back in July of this year, we opted for a court hearing, paid £80-odd and waited for another chance to have our say in October.

However, a few weeks ago UK Immigration wrote to say that they were revoking their original refusal based on the, 'balance of probabilities'. I take this to mean that this time they actually bothered to read the notes I re-submitted to the courts, pointing out that they were acting outside of the EU Directive by not recognising the self-sufficiency status under which I was claiming the EEAFP, that in fact their officers on first inspection were totally ignorant to any legislation passed in recent years.

So my wife has her permit, but I wonder if I will ever see my money for the court hearing? Their decision to revoke the refusal came in a letter dated 6th Oct. The court hearing was scheduled for 13th Oct. I suppose we should consider ourselves fortunate and forget the court fee.


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