EU family permit application

[EUspouse82]

Hi all,

To those not familiar with my case, I will give a brief summary.

I have been living in Ireland for six years and I had the stamp4 eu family card. I applied for a permanent residence and was denied because my spouse has not exercised her treaty rights continuosly for 5 years. I appealed the decision and I was recently granted a stamp 4 residence permit as an exceptional measure. ((This stamp is different from the residence permit that is given to EU family members))

In the past 5 years, I applied and successfully got 6 EU family permits. My spouse is British and we have always applied under the surinder route. I intend going to the UK in April for a visit, my questions are:

1. Will the fact that I now have a stamp 4 instead of eu stamp4 affect the decision?

2. My spouse is currently in college (for the past 3 years) but we dont have health insurance which is why I was denied in the first place. Will this have any bearing on the UK embassy's decision?

3. She is looking for part time jobs at the moment, in the event she finds one, would this be a way to satisfy the requirements for an EU family permit?

Many thanks for your help and all suggestions are welcome.

[EUsmileWEallsmile]

I can't see why things would be any different now.

[EUspouse82]

Many thanks for your quick response.

I dont know if you are familiar with UK EU family permit applications from Ireland. They require family members to have residence permits that specifically indicates that the bearer has a residence permit with -Stamp 4 EU.

However, the one I have been given is a stamp4 just like the spouse of an Irish spouse or folks with Irish born children, essentially they give similar rights in Ireland but the former indicates that you that you are residing under the EU freedom of movement directive-hence my dilema.

I am concerned that they might say my spouse is not exercising her treaty rights so I am not entitiled to the surinder route.

[EUsmileWEallsmile]

Many thanks for your quick response.

I dont know if you are familiar with UK EU family permit applications from Ireland. They require family members to have residence permits that specifically indicates that the bearer has a residence permit with -Stamp 4 EU.

However, the one I have been given is a stamp4 just like the spouse of an Irish spouse or folks with Irish born children, essentially they give similar rights in Ireland but the former indicates that you that you are residing under the EU freedom of movement directive-hence my dilema.

I am concerned that they might say my spouse is not exercising her treaty rights so I am not entitiled to the surinder route.

There are no set ways by which one proves entitlement to an "EU right". Advice given on embassy websites may cater for the general case, but not necessarily every case. If you understand the "point" of Singh (and I think you do), just base you application around that.

[EUspouse82]

Excellent point.

Can I PM you for further advice?