Page | 1 June 2014

FREQUENTLY ASKED QUESTIONS

Below we set out some of the most frequently asked questions, with the aim to give you an oversight of
the rules, what they mean in general and information on free movement.

This document cannot and does not cover every circumstance. This document should not be relied
upon for making decisions on how to proceed with applications. Whilst we have tried to ensure all facts
in here are correct, we cannot and do not proclaim that this document is gospel you are responsible for
undertaking your own checks and obtaining specialist immigration advice where needed.

This document does not update automatically for the frequent changes to the immigration rules nor does
it go into the required level of detail applicants will need to familiarise themselves with.


Q. WHAT IS BRITCITS?

A. BritCits is a human rights non-profit organisation and registered charity. We came about, initially as
a campaign group in 2012 in direct response to the family immigration rules brought into force on 9
July 2012.

There were long-established organisations looking out for the rights of migrants, but none which
seemed to cater for the impact of the immigration rules on British citizens possibly because never
before has there been such a heavy burden on the sponsor alone. British citizens have indicated to us
that they now feel as if they are subject to immigration control in their own country, if they wish to live
here with their family.

Over time as the devastation wreaked on British residents and refugees with foreign family members as
a result of these rules has come to light, we have identified a role to play in representing these groups
too. However refugees are very small in number and residents in the UK who are foreign citizens tend
to earn higher salaries, thus our resources are concentrated on where needed most which at the moment
is British citizens who have the right to live in the UK without let or hindrance.


Q. WHAT DOES BRITCITS GET FROM THIS WORK?

A. The satisfaction of knowing we are helping people. Of the two active trustees one was impacted by
the adult dependant rules and she availed her free movement rights to unite her family using the
Surinder Singh route. The other has a foreign wife though he falls under the pre 9 July 2012 rules. We
both have our families in the UK, yet really and truly choose to work in BritCits out of the goodness of
our hearts as seeing the havoc wreaked by the Home Office on families is not something we can silently
standby and watch without attempting to right some wrongs.

Q. HOW ARE YOU FUNDED?

A. By donations and help from volunteers. If youd like to help either financially or with your skills,
please get in touch. You can also be active on social media (twitter, facebook) to help raise awareness,
help and network with others impacted by the rules to share knowledge, experiences and just
sympathise. If you wish to arrange a meetup to reach out to other members that can be done through
www.meetup.com/BritCits


Page | 2 June 2014

Q. WHAT IN THE IMMIGRATION RULES IS PROVING SO CONTENTIOUS?

A. There have been drastic changes to the immigration rules as they impact those with non-EEA
partners, and non-EEA parents.

For those with non-EEA partners, the requirements are
1
:
o Increase in income requirement to 18,600 (more if there are non-British children involved)
o Third party support disregarded
o Potential income or job offers to partners excluded unless they have the right to work in the UK
o A mind-boggling level of up to 62,500 cash savings required using a bizarre multiplier to make up
a shortfall in income
o Self-employed not allowed to use savings to make up a shortfall in income
o Probationary period increased from 2 to 5 years, with financial assessments again at the 30 month
period and at the end of 5 years (three applications, three application fees).
o Abolition of 4 year rule allowing partners of British citizens be granted ILR immediately, if they had
been married for over 4 years.
o Value of most investments and property disregarded (only income generated from them allowed)

There appears also to be a lot of rigidity in the evidential requirements, even where the rules otherwise
can be satisfied. Where in doubt, please do seek specialist immigration advice.

English language requirements have also changed with passing of three tests required, where language
skills need to be proven (and three sets of fees to pay!):

o B1 level pass required before ILR granted - broadly equivalent to studying for HNC or HND
o Previously requirement was at A1 level
o A1 is still required at initial application.
o Life in the UK pass required (previously this could be used to meet the language requirements).

More information on the language requirement is available here:
http://britcits.blogspot.co.uk/2014/01/english-for-spousepartnerfiancee-visa.html

All together, these elements add to the uncertainty experienced, and expense incurred.

For those with non-EEA parents, the adult dependant relative (ADR) rules are akin to a ban, with
parents needing to be in such poor state of health that they need help bathing and dressing, yet in good
enough health to travel to the UK; the sponsor needs to have sufficient money to look after their parent
in the UK, but not so much that the funds could be used to pay someone in the parents home country to
look after them. The contradiction within the rules of satisfying one part of the criteria means not being
able to satisfy another leaves many members in a quandary as to how such rules could ever be satisfied.


1
These are as per our understanding at time of writing and do not cover all the changes. Readers should
undertake their own research and seek specialist immigration advice, not least because the government frequently
amends the immigration rules.

Page | 3 June 2014

NON-EEA PARTNERS

Q. WHAT ARE THE FINANCIAL REQUIREMENTS TO BE MET FOR BRITISH CITIZENS,
RESIDENTS AND REFUGEES LIVING IN THE UK WHO WISH TO SPONSOR THEIR
NON-EEA PARTNER?

A. The financial requirements fall broadly within three groups:

o Exempt if sponsor is in receipt of certain types of benefits e.g. Disability Living Allowance, Carers
allowance etc. Although there is still a minimum level needed made up from those benefits that is
the equivalent to the level of income received for income support and council tax allowance plus
accommodation
o Gross income in excess of 18,600 p.a. (more if there are non-EEA children involved) over a 6
month period if employed, or 12-24 months if self-employed. This is before deductions for income
tax and National Insurance contributions.
o Shortfall in income made up with certain forms of savings (cash and some other types of assets)
Those who are self-employed are not allowed to combine savings to make up an income shortfall

More info at the following links, but please bear in mind that the Home Office is not averse to
amending the requirements on a regular basis. The requirements are also not composed of the financial
requirements alone there are very stringent evidential requirements which must also be satisfied.

https://www.gov.uk/government/publications/immigration-rules-appendix-fm-se

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299103/Financial_Requir
ement_Guidance_20140324.pdf

Q. WHEN DID THE BRITISH GOVERNMENT START CHARGING BRITISH CITIZENS A
FEE FOR LIVING HERE WITH THEIR SPOUSE?

A. Fees were introduced 1st August 2003 under the Immigration (Leave to Remain) (Fees) Regulations
2003. Initially the fee was set at 155. More information here: https://www.gov.uk/visa-fees and here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279536/Fees_Table_Apri
l_2014.pdf

Q. MY FRIEND ONLY HAD A ONE YEAR PROBATION PERIOD WHEN SHE GOT
MARRIED. WHEN DID IT CHANGE?

A In April 2003 the probationary period was increased from 1 year to 2 years. This was further
increased in July 2012 to 5 years.

Q. DO THE RULES ALLOW FOR INCOME FROM MULTIPLE JOBS AND OVERTIME TO
COUNT TOWARDS THE 18,600 THRESHOLD?

A. Yes multiple jobs and overtime are allowed, although we are aware of a case where a person
working overtime was initially refused with the ECO stating overtime cannot be guaranteed therefore
could not be used towards meeting the financial requirements - despite section 5.5.5. of Appendix FM
stating otherwise. If one of your jobs is self-employed, 12 months of evidence instead of the possible 6
may be required and it could prevent you from using savings to make up a shortfall.


Page | 4 June 2014

Q. HOW MUCH DOES IT COST IN VISA FEES FOR MY SPOUSE TO STAY IN THE UK
WITHOUT RESTRICTIONS?

A. As of June 2014, fees payable to the Home Office for a non-EEA spouse/partner to remain in the UK
are in excess of 3000, to cover just the applications made at entry, the 30 month period, 5 year mark
and naturalisation.

Additional expenses may be incurred by individuals for:
o Biometric fees
o Life in the UK test
o English language course and material fees, and for the English language test
o Professional advice lawyers, accountants, translation
o Special centre submission fees
o Property inspection reports
o TB health screening
o Postage fees
o Telephone calls to the international helpline a premium number costing 1.37 per minute

Additional fees for court, appeals are on top; the heartbreak caused to families kept apart during the
increasingly lengthy process cannot be quantified in monetary terms.

Q. WHAT ABOUT THOSE WHOSE FAMILY MEMBERS ARE FROM COUNTRIES WHERE
THE FOREIGN OFFICE ADVISES AGAINST TRAVEL AND LIVE IN POTENTIAL
DANGER, SUCH AS SYRIA AND EVEN PARTS OF PAKISTAN?

A. We have not seen any evidence of taking into account compassionate circumstances. We have seen
evidence of Entry Clearance Officers suggesting a British mum and baby go live in Pakistan. There are
also reports of an immigration blacklist of countries from which applications are especially scrutinised.

http://www.theguardian.com/uk/2012/sep/26/government-defends-secrecy-immigration-blacklist

http://www.telegraph.co.uk/news/uknews/immigration/9569837/Foreign-Office-fights-move-to-
publish-secret-immigration-blacklist.html

https://www.whatdotheyknow.com/request/high_risk_immigration_blacklist

Q. THESE RULES WERE CHALLENGED IN HIGH COURT. WHAT DID THE JUDGE SAY
AND WHAT HAPPENED THEN?

A. In 2013, three families took Home Office to court, challenging the financial requirements for non-
EEA partners of British citizens, residents and refugees, in MM & Ors commonly referred to as the
MM case. The High Court hearing was in February 2013 and ruling heard on 5 July 2013.

Justice Blake seemed to be especially concerned about the impact on citizens and refugees one, a
group that has the right to live here without let or hindrance and the other, as refugees, we have a
responsibility towards. He suggested requirements may be justifiable in isolation but put together were
too onerous, given the first 16,000 of savings ignored, 18,600 being so much higher than minimum
wage, third party support disallowed, credible job offers for the non-EEA partner ignored.

The High Court ruling is here: http://www.bailii.org/ew/cases/EWHC/Admin/2013/1900.html However
this ruling was appealed and the case was then heard at the Royal Courts of Justice in the Court of
Appeal (Civil Division) on 4-5 March 2014.

Page | 5 June 2014

Q. WHAT DID THE JUDGES IN THE COURT OF APPEAL SAY?

A. There was a panel of three judges, lawyers representing the Home Office and three teams of lawyers
for each of the families involved. All parties agreed the rules are not compliant with Article 8. The
impression we were left with is that both days were positive we think it was clear to the judges the
rules fail on several fronts. A full overview of the MM case can be found here:
http://www.scribd.com/doc/229037558/MM-Case-Overview and for a more technical perspective, go
to: http://43templerow.co.uk/affluent-people-likely-integrate-better-poor-people

We are currently awaiting the judgement from the Court of Appeal with relation to the MM case.

Q. SO WHAT IS HAPPENING TO APPLICATIONS NOW IF THEY DONT MEET THE
INCOME REQUIREMENTS?

A. On 5 July 2013, once the High Court ruling was made known, the Home Office placed what was
supposed to be a temporary moratorium on processing applications where the only reason for refusal
was due to not meeting the financial requirements. Nearly a year later the ban on processing
applications is still in place, leaving many families in limbo.

Those whose applications have been put on hold are unable to appeal (as they havent been refused) but
because they have not been granted a visa, theyre also unable to move ahead with their lives. Where
applications have been made from within the UK, applicants cannot obtain their passport and
supporting documentation unless without withdrawing their application. This makes life in the UK
difficult when it comes to renting a house, opening a bank account, obtaining or converting an
international driving licence, going to clubs, buying alcohol (if look under 25), studying or even
working. Additionally all travel regardless of the need has to be delayed where travel documents are
with the Home Office.

Q. SO IS THE HOME OFFICE NOT PROCESSING APPLICATIONS?

A. The Home Office has indicated they are putting on hold those applications where only failure to
meet the financial requirements or the requirements of evidential evidence (i.e. that which is the subject
of the legal challenge) is the reason for refusal. Those who satisfy all elements of the rules, including
the financial and evidential requirements are being granted visas, subject to the Entry Clearance
Officer/Case worker not making a mistake error making is too common an occurrence, with the rules
so complex even lawyers have trouble understanding them let alone ECOs with what we have been
informed is just six weeks training.



Page | 6 June 2014

OTHER


Q. HOW DOES THIS IMPACT THE RULES FOR ADR?

A. It doesnt directly. However depending on the wording in the judgment, it may help any legal
argument against the ADR rules in place and define how human rights as well as fundamental rights of
British citizens are interpreted in the UK.

Q. WHAT ABOUT THE RIGHTS OF THE CHILD?

A. The UN Convention on the Rights of the Child, which Britain was a pioneer in pushing is of concern
as children have the right to have their parents and even grandparents present. Section 55 deals with the
best interest of the child although this is not something we have seen as being evident in Home Offices
consideration of applications.

Q. HOW ABOUT THE IMMIGRATION ACT? WHAT IMPACT DOES THAT HAVE ON ME?

A. Human rights organisations and legal bodies campaigned against the Immigration Act 2014 which
brings in several changes. The most drastic for the BritCits membership perhaps is abolishing the right
to appeal. Appeal rights have been replaced by an internal administrative review that is supposed to be
completed within 28 days; no information on what happens if it isnt. Also under question is the
independence of the person undertaking the review.

Some of the other changes include landlords required to carry out immigration checks, Home Office
being able to revoke your driving licence, Health Charge to be introduced and Article 8 (right to family
and private life) restricted by public interest considerations.

There is a lot of information on this online, including at the following sites:
http://britcits.blogspot.co.uk/2014/05/movement-against-xenophobia-immigration.html
http://www.jcwi.org.uk/sites/default/files/Immigration%20Act%202014%20Summary%20Provisions_0
.pdf
http://www.legislation.gov.uk/ukpga/2014/22/contents/enacted/data.htm




Page | 7 June 2014

EXAMPLES

Q. RAJ EARNS 17,600 P.A. SO HIS ANNUAL INCOME SHORTFALL IS 1000. HOW
MUCH SAVINGS DOES HE NEED TO SHOW IN ORDER TO SPONSOR HIS WIFE WHO IS
FROM SRI LANKA?

A. The Home Office uses a formula to determine this amount such that the savings requirement
= 16,000 + 2.5 x (18,600 annual allowed earned income)
= 16,000 + 2.5 x (18,600 - 17,600)
= 16,000 + 2.5 x 1000
= 16,000 + 2,500
= 18,500

In the case of a shortfall of 1000 therefore, the total savings which need to be evidenced would be
18,500. However, if Rajs income is from self-employment he can evidence meeting the financial
requirements either from savings or his income. Self-employed people cannot use a combination of
income and savings to satisfy the financial requirement.

Q. IS THAT REALLY RIGHT? HAVING 18,500 IN SAVINGS JUST FOR A 1000 INCOME
SHORTFALL SEEMS ABSURD!

A. Yes and yes! Our understanding is the Home Office disregards the first 16000 of savings as thats
the level that would disqualify the sponsor from benefits (taking away the British citizens rights to
claim benefits). In response to a real life example, where an individual was denied a visa for being
0.69 a week short of 18,600, the barrister representing the Home Office at the Court of Appeal at the
MM case stated there is no near-miss principle. This illustrates the Home Offices lack of flexibility
even in the face of common sense and their own proclaimed aims to reduce the burden on taxpayer and
promote integration.

Q. RAJS WIFE ON HER VISA WOULD HAVE THE RESTRICTION NO RECOURSE TO
PUBLIC FUNDS. EVEN THOUGH HE IS A BRITISH CITIZEN WHY THEREFORE IS HE
ALSO BEING PENALISED FOR BEING ELIGIBLE FOR BENEFITS EVEN WHERE HE
MAY NOT BE CLAIMING THEM AND HIS WIFE IS NOT EVEN ALLOWED TO CLAIM
THEM?

A6. The governments standard response on this is that those who wish to make a life in the UK do not
do so at the expense of taxpayers. We have tried to explain the concept of no recourse to public funds
to government officials. You may also to try and obtain clarification on the reasoning behind these
rules from your local MP as many MPs are not aware of the impact of immigration rules on British
citizens and voters.

Q. ISABELLE IS A FULL-TIME MUM TO TWO CHILDREN (BOTH BRITISH). PHIL, HER
AUSTRALIAN HUSBAND IS A DOCTOR WHO WOULD EASILY OBTAIN A JOB IN THE
UK EARNING OVER 70,000. HIS INCOME WOULD DISQUALIFY ISABELLE FROM
CLAIMING INCOME-RELATED BENEFITS AND PHIL WOULD HAVE NO RECOURSE
TO PUBLIC FUNDS. WOULD THIS BE AN ACCEPTABLE PROOF OF EARNINGS?

A. The rules require that the income level must be met by the sponsor alone if the spouse does not
already have permission to work in this country therefore only Isabelles earnings are counted. The
non-EEA partners earnings and potential earnings are disregarded, as is their contribution to society.
However the savings requirement can be met from either or both parties jointly.

Page | 8 June 2014

Q. NADIAS MONTHLY INCOME FLUCTUATES BUT HER PAYSLIPS OVER THE LAST
SIX MONTHS SHOW SHE EARNED 9,600 IN THAT PERIOD, ANNUALISING TO MORE
THAN 18,600 OVER THE THRESHOLD. IS THIS ENOUGH FOR NADIA TO SATISFY
THE INCOME REQUIREMENT TO SPONSOR HER MOROCCAN HUSBAND?

Month Gross income
January 1,600
February 1,650
March 1,540
April 1,590
May 1,620
June 1,600

A. Our understanding of the immigration rules is that the Home Office has two ways of calculating
income. One is for Salaried Income (the fixed monthly salary for the minimum hours you have to work
in your contract) and the other is for Non-Salaried Income which is variable and includes overtime,
commission-based pay, hourly paid work and bonuses etc.

Salaried Income is determined with reference to the payslip showing the lowest amount. In the above
example therefore the Home Office would determine that the annual salary is 12 x 1540 = 18,480.
This is less than 18,600 and Nadia would need to show additional income of 120 p.a. or savings of
16,300.

Using this rule alone means that those in seasonal employment, reliant on bonuses/commission or who
fall ill are even more severely penalised.

The calculation of Non-Salaried Income (which includes variable or hourly paid income) is even more
complex.

How the Home Office calculates and interprets your earnings can be down to how experienced the case
worker is and what is written in your employment contract. Where in doubt, please do seek specialist
immigration or accountancy advice.

Q. MARKS ONLY INCOME IS A PENSION OF 14,000 A YEAR. HE DOES HOWEVER
OWN HIS HOME OUTRIGHT WITH NO MORTGAGE OR RENTAL COSTS. HIS HOME
HAS BEEN VALUED AT 100,000. IS THIS ENOUGH FOR MARK TO SPONSOR HIS
NIGERIAN WIFE?

A. Property is not classed as an allowed asset under the rules, however proceeds from a property sale
can count towards the savings requirement. So to qualify Mark could have to sell his house (incurring
fees and taxes). With property prices increasing while waiting for their application to be processed
along with the 5 years of probation (needing to meet the financial requirements in 2.5 years and again,
after 5 years) there would little chance of him getting a mortgage to buy a property in the future because
of his income and age.


Page | 9 June 2014

Q. IF MARK SOLD HIS HOME, THUS HAVING THE CASH SAVINGS AT THE REQUIRED
LEVEL TO MEET THE FINANCIAL REQUIREMENTS AND SPONSOR HIS WIFE.
WHERE THEN WOULD THEY LIVE?

A. The Home Office does not offer a logical solution for this. Most would be forced to rent from the
private sector and the resultant reduction in how far their income goes thus reducing their overall daily
standard of living It does appear that perversely, in order to meet the rules which the government says
are in place so as to not place a burden on taxpayers, individuals may need to jeopardise their financial
security and thus risk having to subsequently rely on the state in the future.

Q. ROS IS A BRITISH CITIZEN LIVING IN THAILAND WITH HER THAI PARTNER AND
TWO BRITISH CHILDREN. SHE EARNS IN EXCESS OF THE EQUIVALENT OF 18,600.
ROS WISHES TO NOW RETURN TO THE UK TO LOOK AFTER HER AGEING PARENTS
AND GIVE HER KIDS THE OPPORTUNITY TO BOND WITH THE GRANDPARENTS. ROS
CAN EVIDENCE EARNING IN EXCESS OF 18,600 - HAS SHE THEREFORE SATISFIED
THE INCOME REQUIREMENT?

A. For those who wish to return to the UK from overseas, even where they already earn over 18,600
there, they will need to evidence a job offer in the UK paying over 18,600 with a start date within a
specified time frame.

Q. BUT ITS REALLY HARD TO GET A JOB FROM OVERSEAS. SURELY IF ROS CAN
DO WELL OVERSEAS, IN A NEW CULTURE, NEW LANGUAGE ETC, SHE WILL BE
ABLE TO DO SO AT HOME, ESPECIALLY WITH THE SUPPORT OF FAMILY?

A. We agree, however the Home Office does not make an allowance for this.

Q. SCOTTS WIFE FROM INDONESIA WAS REFUSED A VISA BECAUSE ALTHOUGH
THEY WERE ABLE TO EVIDENCE SCOTTS INCOME BEING IN EXCESS OF 18,600
THEY DID NOT SUBMIT THE P60 WHICH IS ONE OF THE FORMS ASKED FOR.
HOWEVER SCOTT DOES NOT HAVE A P60 YET!

A. Unfortunately, this is an all too common occurrence with the Home Office refusing to grant visas for
reasons such as this, notwithstanding that a P60 is only issued after the end of a tax year (normally in
May) and therefore may not exist at the time of the application, or that the income shown on the P60 is
lower than 18,600 only because it relates to an earlier tax year. The rules appear to be harsh not only
in their intent but their application as well. The self employed are similarly affected by the requirement
of needing a SA300 or SA302.

Q. CLINT IS A BRITISH CITIZEN WHO LIVES WITH HIS ELDERLY PARENTS IN THEIR
HOME. HIS WIFE AND CHILD ARE IN THE PHILIPPINES. CLINT, AN ONLY CHILD,
EARNS 14,000 A YEAR AND HIS PARENTS HAVE OFFERED ALL THREE OF THEM
RENT AND BILL FREE ACCOMMODATION. SURELY THIS MEANS CLINT DOESNT
NEED TO EARN AS MUCH AS SOMEONE WHO WOULD HAVE THESE EXPENSES?

A. The rules now disallow third party support, which is despite the Migration Advisory Committees
research which the Home Office relies on to justify the income requirement, specifying that within the
18,600 they have made a 6,000 allowance for accommodation expenses.


Page | 10 June 2014

EU FREE MOVEMENT DIRECTIVE AND SURINDER SINGH


Q. WHAT IS THE EU ROUTE?

A. EU route relates to a major pillar of the EEA regulations to do with free movement of people, goods
and services. This means those who are citizens of member states have the right, along with their non-
EEA family members (which includes spouses, partners and parents), to live, work, study or retire with
sufficient means in any member state other than the country of which they are a citizen (as national
rules apply to a countrys citizens) subject to meeting the evidential requirements

Free movement requires there be no barriers to movement, and thats why it applies to family members
as well, as it is likely that if a citizens family members are not allowed in another member state, they
too would not be able to move freely.

Q. WHAT IS INVOLVED IN THE EU ROUTE?

A. Each member state will have slightly different requirements but essentially you have the right to
enter with your non-EEA family member, or have them join you, in that member state.

They should be able to enter under any legal means be it with an EEA family permit, another visa, or
under a visa waiver program if applicable.

Once they are in the member state you are exercising your treaty rights in, you have three months
(possibly more but cannot be less) to submit an application for their Residence Card with the local
authorities. In Ireland for example its the Garda.

The Residence Card if all requirements are met must be issued within six months and gives the non-
EEA family member the right to reside with the British citizen in that member state for five years.

The sponsor, in this case the British citizen, would need to demonstrate they were working, self-
employed, studying or self-sufficient. Relationship (marriage or birth certificates) would need to be
evidenced and in the case of adult dependent relatives, so would their dependency. It is likely that
tenancy contracts if applicable and utility bills will need to be submitted, showing the names of the
sponsor and all applicants.

Q. IS THIS THE SAME AS THE SURINDER SINGH ROUTE?

A. Surinder Singh (SS) route relates to a special case of free movement where an individual exercises
free movement rights to return to their own country of nationality and this has been a route available
to us for over 20 years now. This is possible if they have already exercised free movement rights
initially in another member state. Some schools of thought suggest this requires the British citizen to
have been working or self-employed in the other member state and on their return to the UK they can
then opt for their family members with whom family life was created or strengthened in the other
member state - to be treated as those of other EEA nationals under EEA regulations, rather than UK
immigration rules.


Page | 11 June 2014

Q. HOW CAN DEPENDENCY FOR ADR BE EVIDENCED?

A. There doesnt appear to be a set list of documents specifying what is acceptable but financial
dependency tends to be the most obvious to evidence by way of money transfers made from your
account to the ADRs over a decent length of time; receipts showing you are paying for things for them
e.g. accommodation, travel.

Evidence from doctors if the ADR is physically dependent on you.

If you were living with them outside the EU, then evidence showing that as living together is a strong
piece of evidence in demonstrating dependency.

There is no conclusive list as to what will be accepted by different authorities that we have seen either
in other member states or the UK. However, having lived with your ADR in another member state,
returning to the UK with them, the dependency argument is stronger as you should by then be able to
evidence you were living with them for several months at least, and thus they depended on your for
accommodation etc. Living together is also a factor in demonstrating strengthening of family life.

Q. WHAT ARE THE REQUIREMENTS TO BE ABLE TO EXERCISE SS? I HEARD THE
HOME OFFICE HAVE MADE IT MUCH HARDER NOW WITH THEIR CENTRE OF LIFE
WHAT IS THIS?

A. It depends who you speak to, as the regulations appear to be interpreted differently.

Home Offices guidance is anything but transparent, but our understanding is as follows, as to the
obligations British citizen must meet before returning to the UK:

o Live and work/ be self-employed in another member state for at least 3 months, working over hours
a week.
o Reside with the non-EEA family members being sponsored, especially where the family member is a
spouse/partner so that family life is created or strengthened.
o Centre of Life must have moved.

Centre of Life has caused an enormous amount of debate amongst our Surinder Singhers - this is the
Home Office requiring that a British citizen who after having lived in another member state but now
wishes to return to the UK with their family members must demonstrate that whilst they were out of
the UK their 'centre of life' had moved to the other member state, and out of the UK - consisting of three
things

1) Length of residence i.e. the longer you lived in the other member state the better.

2) Principal residence i.e. where your main residence is - so if are in Ireland on weekends but in the UK
the rest of the week, it's hard to argue your principle residence is Ireland

3) Degree of integration i.e. how much effort have you made to integrate in your new home e.g.
learning the language, working, neighbourhood watch, taking an active role in the community.

I aired my suspicions on the legality of these conditions last year, however I'm not a lawyer so my
views are as good as yours. Colin Yeo of the free movement blog fame is a lawyer and has shared his
views having taken into account a recent judgment touching on this topic. His piece seems well
reasoned and clear - read and form your own judgement and do as always, seek expert legal advice if
needed. http://www.freemovement.org.uk/surinder-singh-immigration-route/

Page | 12 June 2014

Q. WHERE CAN I GO FOR MORE INFORMATION ON THIS?

A. BritCits is happy to help by sharing our findings, our own experiences and those collected from our
members, as well as pointing you to where more information can be found. We have a Surinder Singh-
er amongst our ranks, but each situation is different so it is recommended you take specialist EU
immigration advice if need, but more importantly you need to undertake research yourself as the rules
are constantly changing: What may have been valid at one time may not be the case now, so you have
to be responsible for undertaking your own due diligence.

Solvit / Your Europa also respond to questions submitted online through their website regarding EU
issues or problems. Also lots of useful information. http://ec.europa.eu/solvit/

A guide to your rights as an EU citizen
http://ec.europa.eu/justice/policies/citizenship/docs/guide_free_movement_low.pdf

Members of the EEA visa...EU Free Movement group on Facebook answer questions and share their
experience. There is a useful list of documents under Files within this group.
https://www.facebook.com/groups/650212281695959/

Surinder Singh for newbies by David Bloor provides a step by step guide
http://www.scribd.com/doc/195907674/Surinder-Singh-for-Newbies-2014

Surinder Singh from a lawyers perspective
http://www.freemovement.org.uk/surinder-singh-immigration-route/

Q. CAN YOU RECOMMEND ANY LAWYERS TO HELP ME WITH SURINDER SINGH?

A. Feedback from members is lawyers pertaining to specialise in EU immigration are not clued up
when it comes to Surinder Singh or the Home Offices Centre of Life. This is likely for two reasons:

1) A trigger happy government which changes the rules or their interpretation of the law, constantly
2) SS is a route Brits havent utilised much, as previously UK immigration rules were considered fairer,
so its not surprising there are few lawyers with practical experience in this area.

Of course there will be good lawyers out there who do have solid experience of Surinder Singh or other
immigration matters we just dont know any that would suit everybodys differing situations!

Colin Yeo through his blog (link above) has shown himself to be someone who has made the effort to
understand the nuances of Surinder Singh and courts interpretation of EEA regulations. We have no
personal experience of his legal skills, but hed be our top pick in this area, as someone who has
demonstrated knowledge and willingness to understand the area further. Bear in mind you will need to
pay for advice or representation as lawyers need to earn a living too.

However we can't emphasise enough - undertake your own research as well. Not even the best lawyer in
the world will care as much about your family as you do. Many times it is also a question about how
well you are able to establish a working relationship with your chosen lawyer and the level of trust and
communication that is established. Many lawyers will operate a free half hour initial session so you can
find out how they can help you and if you will get along with them.

If you cannot afford a lawyer and need legal advice Citizens Advice Bureau and the Law Centres
Network is a good place to start. They have centres around the UK. http://www.lawcentres.org.uk/


Page | 13 June 2014

Q. DO YOU HAVE ANY OTHER USEFUL TIPS?

A. One of the most useful things we recommend is one which BC has found very useful - look at the
application forms you will need to submit well in advance, to obtain an understanding of the documents
you will need to submit. These application forms will likely consist of:

- Family permit for the member state you are first exercising your treaty rights in
- Residence card for the member state you are first exercising your treaty rights in
- Family permit for the UK
- Residence card for the UK.

Please do bear in mind though that these forms may be different when you get to the point you need to
use them, but they are a very good guide nonetheless as to what you would need to submit and the
process.

Finally, put yourself in the position of the person reviewing your application how can you make it
easier for them to tick all the boxes they need to, in order to grant the visa?

OTHER USEFUL LINKS

Our website: www.britcits.com

Freemovement blog: www.freemovement.org

Migrants Rights Network http://www.migrantsrights.org.uk/

All-Party Parliamentary Group on Migration the results of their family inquiry
http://www.appgmigration.org.uk/family-inquiry


Videos made by some members:

Kevin's EEA: https://www.youtube.com/watch?v=r1-v0cV2Y8E

Andy & Molly: https://www.youtube.com/watch?v=vhHpaq4KBxY

Eric & Halima: https://www.youtube.com/watch?v=2KrMqtuvcck