How do we get into Ireland

Our situation is failing fast and we were looking for running to Ireland.
I'm UK 60 year old my DR partner is Filipino 52 year old.
She came to UK 2009 on student visa for 3 years when it ran out she applied for FLR(O) using an old guy who is like a father figure as relationship, this failed and she resubmitted to gain a bit of time. We have been together over 2 years but not living together.
Anyway the applications all failed and she now has a letter saying must contact UKVI with details of plans to leave by 7th April.

So we want to apply for Ireland visa, but docs needed asks for evidence of permission to be in UK for more than 3 months after exit date from Ireland. Yikes shes got to leave and cant come back so it looks like we wont get Ireland visa.

I've read of couples running to Ireland when application fails in UK so how does it work?

357mag wrote:Our situation is failing fast and we were looking for running to Ireland.
I'm UK 60 year old my DR partner is Filipino 52 year old.
She came to UK 2009 on student visa for 3 years when it ran out she applied for FLR(O) using an old guy who is like a father figure as relationship, this failed and she resubmitted to gain a bit of time. We have been together over 2 years but not living together.
Anyway the applications all failed and she now has a letter saying must contact UKVI with details of plans to leave by 7th April.

So we want to apply for Ireland visa, but docs needed asks for evidence of permission to be in UK for more than 3 months after exit date from Ireland. Yikes shes got to leave and cant come back so it looks like we wont get Ireland visa.

I've read of couples running to Ireland when application fails in UK so how does it work?

sorry its bit confusing a dr 52 years old came on student visa ? are you both in relationship I mean un married partners for two years?

are you both planning to live together in Ireland as married couple or what ?
as in Ireland as british citizen you will be treated as EU citizen and your family member like spouse etc has right to be wit you .

Yes she came in to get her NVQ's in care homes, at that time theres was not the 20 hour restriction on working so her studies were part of the work.

Yes weve been in a durable relationship for more than 2 years, but we dont live together full time because she needs to be near her work.

Shes now an overstayer so getting married in the UK would be risky.

I know I can exercise treaty right but the problem is how to get her visa to be able to enter. One of the requirements is she has to be able to return to UK for 3 months after the visa runs out. She just put in an application under Zambrano looking after an old UK lady, dont think it will be granted but its buying time.

Obviously we would be staying in Ireland and applying for 4 euFAM but it seems she wont be granted the visa to get in in the first place. Although I did read of someone having to leave UK and running to Ireland.

Yay, my girl applied for dirivitive rights because she looks after an old lady, she got CoA today and allowed to work. Phew, pressure is off now we gotta hope her divorce comes through soon so we can get married in UK before we go to Ireland.

A little more about our case. I'm getting ESA in the support group so the chances of me being able to work let alone finding a suitable job is close to impossible.
How do I do a Surinder Singh? I dont, We will go to Ireland to exercise my treaty rights under Article 21(1) and be self sufficient for 3+ months then return to UK and try to use C-456/12 having strengthened our relationship.

Dirivative rights has saved our situation and it could help other overstayers. You cant risk going to a UK registry office to get married because they are likely to put you in detention and deport you. So you apply for dirivative rights for looking after an old EEA citizen, maybe a grand parent. This makes you legal again for a short time, enough time to get married.

My girl looks after an unrelated old lady, she has done for over two years. The application is likely to fail but following it with an appeal will hopefully have given us six months breathing space.