Is using the surinder singh route possible for us?

[pobel]

We are new to this forum and have been reading extensively on the laws and rules of using the surinder singh route.

In a nutshell my situation is that I am an Australian citizen who has been in a long term relationship with a British born UK citizen in the UK. Due to adverse immigration history on my part (overstaying) and difficulty proving our relationship because of this we are looking to go back to Australia (her on a tourist visa) get married in Australia, and stay for a few months.

We would then aim to move to Ireland with her using her freedom of movement/treaty rights and live there together whilst working for 6 months (as we have read this is the general rule of thumb re timescale).

We would then like to apply for an EEA family permit that would allow us to move back to the UK. We are aware of the new legislation with regards to the "moved your centre of life" hence 6 months in Ireland as proof.

Does this seem like a viable option/route for us to take? Any advice would be gratefully appreciated as we are still reading up on all of the laws and would be hoping to do this ourselves if possible without unnecessary help from lawyers?

Thanks in advance.

[rosebead]

It is doable in the way you described but be prepared to stay longer than 6 months as it seems occasionally people are being illegally refused FP with even 8-9 months in their host country. Much is dependent on the mood and whims of Home Office visa staff who don't always abide by EU law and get away with it because their employer, the UK government, doesn't always obey EU law either. In case of FP refusal, just keep re-applying over and over until you get it i.e. until you get a visa officer dealing with your case who is reasonable and will issue you the FP. That said, many people still get FP after just 4-6 months in their host country, but it seems like a bit of a raffle according to which visa officer you get.

[t123456789]

Just don't quote the law.

[pobel]

Thank you both for replies, appreciate it
Have been reading more and more and we do understand that it'll probably take longer than 6 months as would like to stay until get RC from Ireland.
It seems very daunting at moment but it seems the only option available to us for us to be together.

[357mag]

I feel what the forum could do with is a sticky thread where members could post, what country they chose, what path ie working self-employed student or self-sufficient, and how long it took to get their resident permit.

I know theres a timeline thing but basic data could be formulated as to which state has best performance. Ireland UK and Demark seem to take the full six months after applying, Bulgaria and Cyprus seem to be quickest to issue, but thats just my opinion.