Post
by petkanov » Mon May 12, 2008 11:08 am
OK, there is a way you can overcome this ban but it will take about 6-12 months after you marry, and will cause some inconviniences on your husband and you but it is very straighforward and easy. You have to go the EU route. What does that mean? If you apply for an EEA Family Permit and after that for Residence Card the UK immigration law is not aplicable and you wil be dealt with under the EEA Regulations. Aplications under the EEA route are free. There are a few preconditions you have to handle before that. This is my suggestion how to handle this:
Step 1: You marry outside the UK
Step2: You and your husband go to Bulgaria. He registers as a self sufficient person or self employed and in two days he will get his certificate, and you apply for the Residence Card which you should get within six months, but more likely you will have it within 90 days.
Step3: He can take you to ireland if he wants to live there and since you have the bulgarian residence card, that will count for legal residence in the EU under the illegal irish implementation of the EEA directive.
Step4: Once your husband has exercised economic treaty rights as employed or self employed he can move back to the uk with you under the EEA regulations and bans for breaching immigration rules don't apply.
You could also do that without going to ireland, by just doing step 4 in bulgaria. Hope this helps. I am also pasting the Entry Clearance Guide on these type of cases below:
21.4.8 - Non-EEA Family Members of British Nationals (Surinder Singh cases)
A British national and his/her non-EEA family members can only benefit from free movement rights if they meet the criteria established in the ECJ case of Surinder Singh. The case stated that nationals of a Member State who are exercising an economic Treaty right (i.e as a worker or self-employed person) in another Member State will, on return to their home state, be entitled to bring their non-EEA family members to join them under EC law.
Example: A British national is exercising an economic Treaty right in Germany and living with his non-EEA spouse and children. On the British national's return to the UK, his non-EEA family members can apply for an EEA family permit to join him under EC law.
The Surinder Singh judgement is incorporated into the EEA Regulations in Regulation 9. Family members of British nationals who meet the requirements of Regulation 9 are treated as family members of EEA nationals for the purposes of the EEA Regulations.
Applications for EEA family permits must meet the following criteria:
* The British citizen is residing in an EEA Member State as a worker or self-employed person or was doing so before returning to the UK.
* If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or they entered into the marriage or civil partnership and were living together in that EEA country before returning to the UK.
* The family member is lawfully resident in the EEA country where the British citizen is working. If the family member is not lawfully resident, they will need to satisfy the requirements of the Immigration Rules for leave to enter the UK as the family member of the British national.
Because EEA nationals have an initial three month right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. Therefore, an EEA family permit can be issued to the family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident.
It does not matter if the only reason the British national went to another Member State to exercise an economic Treaty right was so that he/she could come back to the UK with his/her family members under EC law.
You should seek advice from ECO Support where you are unsure about the decision to be taken in applying the Surinder Singh judgement.
21.4.9 - Delaying a decision
You can delay a decision when you have serious doubts about the application and wish to make further enquiries. For example when there are real grounds for doubting the validity of an application, when essential documentation has not been provided, or when referral to London is necessary. In general, the longer the delay, the stronger the grounds for doubt need to be.
Grounds for making further enquiries need to be carefully considered and recorded in case they are needed to formulate a defence against any charges brought against HMG by the applicant or European Commission.
21.4.10 - Charging fees
No charge should be made for any application for an EEA family permit made by a non-EEA national family member of an EEA national or by the family member of a British national, where the British national is exercising an economic Treaty right in an EEA state or Switzerland. Visa applications by non-EEA national family members of EEA nationals attract the usual fee for the category in which they are applying.
which would justify issuing the entry clearance;
