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(read my tag line)Kalpesh1987 wrote:Hi I have read many many posts that give great advice on here and so decided that this is the place that would be able to answer my query..
Now I have done hundreds of hours of research into the surinder Singh route and in particular, moving to uk via ireland. These questions may seem basic but I am having trouble finding a definitive answer to them so I am hoping the gurus here can help me:
You dont say what your nationality is
1. My wife is from India and we got married there last November. We have a uk spouse visa application pending but it's on hold due to financial requirements. Would i be able to request her passport back and try to start this surinder Singh route WHILE we wait for a decision on the outcome of the spouse visa??
You can ask for her passport back which will cancel the spouse visa application, but if you think you have a good case and can meet the requirement it might pay you to try to hold on
2. Would my wife require a C or D visa? My intention is for her to stay with me for longer then the 3 months and I have read that under the C visa this isn't possible? Please correct me if I am wrong.
3. When arriving in ireland, do we need to go to the Garda straight away to register? Or do we have to go when the 90 days is almost up to renew?? Would they give another 90 days??
When you get there you need evidence of accomodation, then go to get a PPS number, then go to Garda to register as a non EEA in the state, they give you GNIB card valid till your 90 days is up. As soon as you can meet the required evidence on EU1 you go again to Garda to apply for family permit, before the 90 days is up they give you GNIB card for another 6 months.
4. I have read that when applying for a residence card, it can take up to 6 months for them to process it. Would my wife be able to stay with me during this time??
Yes, if you go through the process and they issue family permit after 6 months you can use that for travelling as no visa required or you can stay in Ireland and get your Irish passport after 5 years.
My wife did apply for a tourist visa to the uk last year and was sent back when she arrived at heathrow because she did not have a return ticket and so they suspected she would overstay her visa. I just want to give her the peace of mind that once we are together she will not have to return after 3 months if everything goes smoothly.
I hope you guys can shed some light on these matters.
Kalpesh
Your wife would have to use the online visa application form, and clearly state the visa is to join or acompany and EEA citizen.Kalpesh1987 wrote:357mag thanks a lot for your reply.
I am a British citizen living in England. I understand that there are valid points to hold on but as I have been waiting almost half a year for the spouse visa to come and now hearing that if the court case goes against the Home Office they would most likely challenge it at the supreme courts, people are saying it could take up to 2 years. This is the sole reason I feel that if I could do something about this, surinder Singh route seems the best idea. But in your opinion (I don't know what experiance you have had in this) is it as easy as it sounds?? My tickets are booked for me to go 1st August, so all I can offer is from my own plans. I have been planning my trip for over 2 years. There have been people in the past who have done it in a very short time but it was made harder by UKBA with recent changes to the rules, these rules might have been changed due to case C-456/12 but nobody has been on this site and said they used this case
I mean I feel confident finding a job and if I can prove I have a job thus excercising my treaty rights, would this be enough in extending the 90 days to a further 6 months? Yes, you would need minimum of 10 hours a week for at least 12 weeks it seems. I am a disabled person and shall be trying to do it as self-sufficiant
And last question, when should I apply for the residence card? Straight away or wait until they extend the visa for a further 6 months? Your wife would have to apply for a GNIB card straight away as a non EEA in the country, this will be valid for the 90 days. Seems its a bit of messing about going backwards and forwards between the INIS office and the Garda office. Before the 90 is up you need to apply again for permission to stay longer than the 90 days, this is with the family permit application
I appreciate your help..
It's a C visa you apply for, even though your intention is to stay longer than 30 days. The information is all on the INIS website.Kalpesh1987 wrote: 2. Would my wife require a C or D visa? My intention is for her to stay with me for longer then the 3 months and I have read that under the C visa this isn't possible? Please correct me if I am wrong.
Aliya wrote:It's a C visa you apply for, even though your intention is to stay longer than 30 days. The information is all on the INIS website.Kalpesh1987 wrote: 2. Would my wife require a C or D visa? My intention is for her to stay with me for longer then the 3 months and I have read that under the C visa this isn't possible? Please correct me if I am wrong.
''Accompany / join EU citizen under Directive 2004/38/EC on the right of citizens of the Union and their family members to move to and reside freely within the territory of the Member States
Directive 2004/38 /EC (transposed into Irish law by European Communities (Free Movement of Persons) Regulations 2006 and 2008) applies only to EU citizens who move to or reside in a Member State other than that of which they are a national, and to their family members who accompany or join them. References to EU citizens include EEA citizens.
Basis of visa application
If you wish to have your visa application considered under the Directive on the basis that you are a family member of an EU citizen exercising or planning to exercise free movement rights you must state this clearly on your application. If you state that you wish to have your application considered on the basis of the Directive rather than under national law, and your application is refused, you will be offered the opportunity to apply under national law but the normal fee will apply.
Type of visa
In the event that you decide to have your visa application considered on the basis of the Directive and it is approved you will be issued with a single journey short-stay C visa which will permit you to enter and reside in the State for up to 3 months. In the event that you wish to remain in the State for more than 3 months as a family member of an EU citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen. ''
Then when you arrive and have secured somewhere to live and the EU national has found work within the 3 months, you apply for the residence card for 5 years for the non-EEA national on the EU1 form by post. Normally, you don't register with the Garda until you have sent off the EU1 form and you have received a reply telling you go to to the Garda from INIS. This reply allows you to get a temporary stamp 4 permission to live and work whilst they decide your application for 6 months, as the application for the residence card normally takes 6 months.