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Surinder Singh Route And Mandatory Ban


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#1 OLUMUYIWA

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Posted 13 November 2012 - 09:15 PM

Given the circumstances below-

Husband is illegal and wife is British. They have already.applied to regulators in the UK, but got refused. They decided to move to another EU. Country to work and return via Surinder singh route.

Can the UK government refuse to allow husband to return with his wife simply because of his previous appalling immigration history in the UK?
Can somebody pls point me to a link to any directive which guarantees or forbids this ?



#2 Victoria

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Posted 13 November 2012 - 10:30 PM

No as it is an EEA application.

#3 Mutly

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Posted 19 November 2012 - 08:41 AM

Once the wife has been employed or self-employed in another EEA country with her husband living there too, after a period of being there which may be up to six months, the husband will be regarded as a spouse of an EEA national in the UK as well.

EU law only allows a ban/refusal/removal where the applicant is a danger to public health, policy or safety. Having been an overstayer does not make an applicant a danger to public policy or safety, the terms relate to people who have comitted serious crimes rather than having been in the country illegally without harming anyone.

The directive doesn't state that specifically but see chapter 6 on the relevant provisions. In the UK Regulations see parts 4 and 5. These are the original form but provisions may not be stricter than the directive.

I've never read of the HO attempting to refuse a spouse due to a previous overstay, if it did happen, it would be a matter for the tribunal. However proof of a genuine marriage and cohabitation will probably be important to avoid a risk of refusal due to suspicions about the marriage.

#4 Victoria

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Posted 19 November 2012 - 10:34 AM

I've known them try. But the tribunal has thrown that out.




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