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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 313
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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There. I would like some immigration advice please on returning to England asap with my

Customer Question

hi there. I would like some immigration advice please on returning to England asap with my husband. We are both living in France but it's proving increasingly difficult as we are paying for my house in England and a place to live in France. I cannot find work and if we were in England I would have work and able to afford for me and my husband to live in comfort and have the emotional support from my family
I am a British citizen married to a Syr***** *****ving in France where he has claimed asylum. We were married in Saudi Arabia and were forced to leave urgently because his employer threatened to send him back to Syria. We tried to get a visa for him to come to the uk but it was refused so we came to France.
He has had his meeting in Paris at OFPRAH and we are now waiting for their answer on whether he can stay in france but we need to go to England as soon as we can for financial and emotional reasons
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Nicola-mod replied 11 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 11 months ago.
I will continue to wait thank you. Some more information; he gave his passport to OFPRAH and I have been renting an apartment for 6 months. I also have managed to find a part time job but it's not enough to cover expenses for my property in England and living costs in France. My husband has been speaking with other Syrian refugees and they have been waiting for their reply for more than 6 months. It has been nearly 2 months now since my husbands meeting. Thank you
Expert:  Nicola-mod replied 11 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 11 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 11 months ago.
Please continue to see if there is someone who can help us. Our situation is quite desperate now in regards ***** ***** and support
Expert:  Nicola-mod replied 11 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Frantz I replied 11 months ago.
Hello Thank you for your enquiry. Please note that a British citizen engaging in a the relevant economic activity in another EU country is regarded as a qualified person. The relevant activities are as a jobseeker, a worker, a self-employed person, a self-sufficient person or a student. If you are resident in France and engaged in any of the above activity, you would be regarded as exercising your EU Treaty Rights in France. However the burden is upon you to provide the French equivalent of the UK Home Office with the evidence to show that you are engaged in one of the activities above to apply for a registration certificate for yourself and a residence card for your husband under EU law. The application for a registration certificate or residence card is not mandatory but the evidence showing you are exercising EU Treaty Rights must be presented. Once you and your husband have all the necessary evidential documents, you are able to return with your husband into the UK under the Surinder Singh principle. Please note that exercising treaty rights as a jobseeker has a time limit of 91 days unless there is compelling evidence to show a genuine chance of getting a job. I hope this answers your question. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 11 months ago.
I have sufficient evidence that I have been actively seeking work for four months and I have been working for over one month. Since my husband is still waiting for his approval from OFPRAH as he is a refugee, can I still apply to bring him into the uk under the surinder Singh movement? If so, who will I need to apply through? Many thanks
Expert:  Frantz I replied 11 months ago.
I am happy to answer further questions when the first has been rated.
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 313
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
Frantz I and other Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.
I've rated your answer, thank you
Expert:  Frantz I replied 11 months ago.
Hello againWith the supporting documents you have, you should apply for a registration certificate in France. Application should be to the equivalent of the UK Home Office in France. A registration certificate evidences that you are exercising your treaty rights in France. Your husband should also apply for a residence card. Asylum and EEA laws are different routes to settlement.
Customer: replied 11 months ago.
The French government has my hubands passport as he has claimed asylum here. We weren't aware of the surinder Singh route until recently and it will be more beneficial for us to take this route rather than waiting so long for his asylum application to come through. Do you think we can still apply whilst they still have his passport? Thank you for all your helpful answers
Expert:  Frantz I replied 11 months ago.
Ok but that doesn't stop you from applying for a registration certificate.
Customer: replied 11 months ago.
Does it stop us from applying for him to come to the uk under the surinder Singh?
Expert:  Frantz I replied 11 months ago.
I am unable to give advice on the matter on JA. I can only give general answers to what options are available to you.
Customer: replied 11 months ago.
Thank you, ***** ***** more thing. If he withdraws his asylum application does he automatically become my non-eu spouse and be allowed to stay in France?
Expert:  Frantz I replied 11 months ago.
Asylum and EEA laws are different routes to settlement. I cannot give advice on this point I am afraid. You would need to seek independent legal advice from in France.

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