EEA Dependent Ink Stamp on arrival in UK

spat · Post by **spat** » Mon Nov 26, 2018 3:31 pm

Hi,

I am British national currently in Republic of Ireland on a fixed term contact of 5 months which is ending in Dec2018.

I have made application for my parents based on my dependancy in Irealand and awaiting for the decision. They are currently on a temporary stamp 4 visa which has been issued until decision is pending.

My question is: Can i move to the UK with my parent and apply for residence card there as there is no border between UK and Ireland OR should i apply for UK visa from ROI via surrinder singh route.

Can there be any potential obstacles in getting UK visa for my parents based on my dependence as they are residing here with me since last 4 months.

Please advise.

Post by **secret.simon** » Mon Nov 26, 2018 3:41 pm

A fixed term contract of five months may not be seen as meeting the center of life requirements that the UK has added to the SS route. You may want to look at a longer presence in Ireland with your parents before attempting the SS route. See EEA Regulation 9(3).

ryuzaki · Post by **ryuzaki** » Tue Nov 27, 2018 12:17 am

My understanding was that you need to wait for the Irish residency card because it's granted under treaty rights, which you can't exercise in the UK.

spat · Post by **spat** » Fri Nov 30, 2018 11:22 am

secret.simon wrote: ↑
Mon Nov 26, 2018 3:41 pm
A fixed term contract of five months may not be seen as meeting the center of life requirements that the UK has added to the SS route. You may want to look at a longer presence in Ireland with your parents before attempting the SS route. See EEA Regulation 9(3).

Well I dont have any issue residing longer in Irealand as UK route will be open until brexit transition period is completed and that Dec2020.

I am trying hard to get a job in my field however i dont get a Job in Ireland and get a job in UK then is it not sufficient?

As when i have decided to take on job in Ireland i did received around 43% rise in my salary straight away is that not strong reason to take job in Ireland? Now contract is finishing as it was only until Dec18.

For centre of life - my wife and son (1.5 year) moved here with me. we all (my mom, me and wife) are registered with library, mom is doing yoga classes for meditation, me and wife member of health club (Gym).

Please advise.

silverxlibra · Post by **silverxlibra** » Sat Dec 01, 2018 6:58 pm

A little bit of background information, I am a successful Surinder Singh route case, spent about 5 months in Ireland with my BC husband back in 2013 and recently received a PR card after 5 years of residence.
Regarding your questions: you can't move to the UK with your dependent parents right after exercising your treaty rights in Ireland. Your parents are non-EEA and will need to first apply for a family permit (made though the UK embassy in Ireland).
Once your parents have a family permit, you can come to the UK. The centre of life requirement is *very* important. It's very good that you have other family members living with you there. I would advise to get as much evidence that you're integrated in Ireland as possible, you should all get PPS numbers and participate in the community life as fully as possible - take classes (language or otherwise), volunteer, etc.
One other thing I would advise on is the fact that your parents' passport won't be stamped upon their entry to the UK because of the Common Travel Area. This may create difficulties further down the line as they will effectively have no concrete proof when their residence here in the UK began. You may want to retain your boarding passes and email confirmations of your flight booking, etc.

spat · Post by **spat** » Thu Dec 06, 2018 10:11 am

silverxlibra wrote: ↑
Sat Dec 01, 2018 6:58 pm
A little bit of background information, I am a successful Surinder Singh route case, spent about 5 months in Ireland with my BC husband back in 2013 and recently received a PR card after 5 years of residence.
Regarding your questions: you can't move to the UK with your dependent parents right after exercising your treaty rights in Ireland. Your parents are non-EEA and will need to first apply for a family permit (made though the UK embassy in Ireland).
Once your parents have a family permit, you can come to the UK. The centre of life requirement is *very* important. It's very good that you have other family members living with you there. I would advise to get as much evidence that you're integrated in Ireland as possible, you should all get PPS numbers and participate in the community life as fully as possible - take classes (language or otherwise), volunteer, etc.
One other thing I would advise on is the fact that your parents' passport won't be stamped upon their entry to the UK because of the Common Travel Area. This may create difficulties further down the line as they will effectively have no concrete proof when their residence here in the UK began. You may want to retain your boarding passes and email confirmations of your flight booking, etc.

Hi,

Will Surrinder Singh Route be open after March 2019 (say will it be open during implementation period up till Dec 2020)?

mufc69 · Post by **mufc69** » Thu Dec 06, 2018 10:49 am

Yes up until the date the UK leaves the EU after the transition period.

mufc69 · Post by **mufc69** » Thu Dec 06, 2018 11:24 am

spat wrote: ↑
Thu Dec 06, 2018 10:11 am

silverxlibra wrote: ↑
Sat Dec 01, 2018 6:58 pm
A little bit of background information, I am a successful Surinder Singh route case, spent about 5 months in Ireland with my BC husband back in 2013 and recently received a PR card after 5 years of residence.
Regarding your questions: you can't move to the UK with your dependent parents right after exercising your treaty rights in Ireland. Your parents are non-EEA and will need to first apply for a family permit (made though the UK embassy in Ireland).
Once your parents have a family permit, you can come to the UK. The centre of life requirement is *very* important. It's very good that you have other family members living with you there. I would advise to get as much evidence that you're integrated in Ireland as possible, you should all get PPS numbers and participate in the community life as fully as possible - take classes (language or otherwise), volunteer, etc.
One other thing I would advise on is the fact that your parents' passport won't be stamped upon their entry to the UK because of the Common Travel Area. This may create difficulties further down the line as they will effectively have no concrete proof when their residence here in the UK began. You may want to retain your boarding passes and email confirmations of your flight booking, etc.
Hi,

Will Surrinder Singh Route be open after March 2019 (say will it be open during implementation period up till Dec 2020)?

The government updated this morning regarding the EU settlement scheme and in the event of a "no deal" there will be no implementation/transition period after 29th March and only those EU citizens and family members currently residing in the UK will be able to apply for settled/Pre settled status under the EU settlement scheme.

spat · Post by **spat** » Thu Dec 06, 2018 11:25 am

mufc69 wrote: ↑
Thu Dec 06, 2018 10:49 am
Yes up until the date the UK leaves the EU after the transition period.

transition period (Mar2019) or Implementation period (Dec2020)? Please confirm.

Would you be also able to provide link of that guidance please in order to allow me to refer it?

Post by **secret.simon** » Thu Dec 06, 2018 2:37 pm

March 2019 if No Deal (EU law ceases to apply to the UK directly)
December 2020 (or longer) if Deal (as a Deal will likely include an Implementation period extending EU law into the UK for the duration of that Deal).

The EU Settlement guidance may not be applicable in this field. It specifically applies only to EU citizens. It does not apply to Irish citizens or citizens of the EFTA countries in the EEA (Norway, Iceland, Switzerland and Liechtenstein) in the UK. So, it is very highly likely that it will not cover Surinder Singh cases either (where the sponsor is a British citizen after all).

The Deal, as published, safeguards the rights of EU citizens in the UK (and UK citizens in their host EU member-state). Routes based on judicial interpretation of British citizens within the UK (SS, Zambrano) are not protected by the Deal.

mufc69 · Post by **mufc69** » Fri Dec 07, 2018 8:03 pm

secret.simon wrote: ↑
Thu Dec 06, 2018 2:37 pm
March 2019 if No Deal (EU law ceases to apply to the UK directly)
December 2020 (or longer) if Deal (as a Deal will likely include an Implementation period extending EU law into the UK for the duration of that Deal).

The EU Settlement guidance may not be applicable in this field. It specifically applies only to EU citizens. It does not apply to Irish citizens or citizens of the EFTA countries in the EEA (Norway, Iceland, Switzerland and Liechtenstein) in the UK. So, it is very highly likely that it will not cover Surinder Singh cases either (where the sponsor is a British citizen after all).

The Deal, as published, safeguards the rights of EU citizens in the UK (and UK citizens in their host EU member-state). Routes based on judicial interpretation of British citizens within the UK (SS, Zambrano) are not protected by the Deal.

Hi Simon, I thought Surinder Singh is covered, but not Zambrano and Chen etc?? if Surinder Singh is not covered then what will happen? will they be covered under UK immigration rules?

Post by **secret.simon** » Sat Dec 08, 2018 1:04 pm

mufc69 wrote: ↑
Fri Dec 07, 2018 8:03 pm
Hi Simon, I thought Surinder Singh is covered, but not Zambrano and Chen etc?? if Surinder Singh is not covered then what will happen? will they be covered under UK immigration rules?

As far as I can see, none of the routes based on ECJ interpretation of the EU treaties will be protected. The Treaties themselves will cease to have effect in the UK on March 29th 2019, though if there is a deal, EU law will continue to apply under the Withdrawal Agreement itself.

People on the SS route already in the UK will most likely be allowed to continue on that route. But that will be at the will and grant of the UK government and not a protected right.

Besides, family members of British citizens can apply under the UK Immigration Rules anyway.

mufc69 · Post by **mufc69** » Sun Dec 09, 2018 2:39 pm

Besides, family members of British citizens can apply under the UK Immigration Rules anyway.
[/quote]

I didn’t know that family members of British citizens can apply under UK immigration rules if they are here under Surinder Singh? Is that possible?

Post by **vinny** » Sun Dec 09, 2018 3:31 pm

See also Academic debate on status of non-EU family member in UK.

spat · Post by **spat** » Thu Dec 20, 2018 3:39 pm

I am UK national.....residing in Ireland since 4 months with my non-eea mother....got temporaray permit to stay in ireland for 6 months while file is in process for residence card.......but we dont want to wait longer and wishes to go back to the UK.......it is difficult now a days to get EEA FP under surinder singh route due to centre of life test and therefore i would like to go to airport directly to obtain EEA stamp.......please advise which is the best route to obtain EEA dependent ink stamp?

Post by **CR001** » Thu Dec 20, 2018 3:43 pm

Topics Merged. Kindly keep your questions on the same situation in one topic (click to read)

spat · Post by **spat** » Wed Jan 02, 2019 3:38 pm

Can someone advise on below please?

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