Vreemdelingenrecht.com - het weblog

Dat pasje kan je gebruiken om werkelijk verblijf aan te tonen maar er moet wel echt daar verbleven zijn voor langder dan drie maanden.   Alexander Schymyck writes: Surinder Singh route still requires genuine residence abroad The Court of Appeal has confirmed that in order to benefit from the Surinder Singh principle, the family involved must have genuinely resided in another EU country and have created or fortified their family life there. In Kaur and Ors v Secretary of State for the Home Department [2020] EWCA Civ 98 it rejected the argument that, as a result of the Court of Justice decision in C-202/13 McCarthy No.2, anyone with a residence card from another member state is entitled to have their family come and live with them in the United Kingdom. The facts of this case are not attractive. Mr Singh and Mrs Kaur had previously been married but divorced in 2004. The following year Mr Singh married a Polish national, obtained residence rights in the UK and bec...

In her reckless pursuit of lower immigration to the UK, Theresa May put UK citizens and settled people in a far less privileged position than EU nationals living in the UK. The rule changes Ms May implemented last year also meant that UK citizens living in other EU countries had more rights than if they lived in the UK. But thanks to a certain Mr Singh, they not only have more rights elsewhere in Europe, but they can bring them back to the UK under certain conditions. On the blogs and in the facebook groups of people affected by the family immigration rules, Surinder Singh has become a buzz word. Surinder Singh himself was an Indian national working in Germany who married a British national who also worked there. They moved to the UK together, but the marriage broke down. Surinder was refused indefinite leave, then became an over stayer and deportation proceedings were initiated. In appealing against the proceedings it was argued that as his wife was a European citize...