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Surender sing route- need help

Posted: Tue Apr 21, 2015 1:19 pm
by sugar123
Hello every one , I am new to this forum and I would like to thank everyone in advance for there help.

My situation:

I am a British citizen living and working full time ( excercising my EU treaty rights) in Ireland from last one and a half years .

When I came to Ireland one and a half years ago and start working ,after few months I applied for my wife, son, mother and my under 18 step sister to join me here as non EU family members of EU citizen.

After couple of months they been granted entry visas and they joined me here , I applied for their resident cards which were granted after 6 months .

When I moved to Ireland , I had intention to live here for good with my family but recently a friend of mine offered me a job in UK with better pay so I have decided to move back to UK.

My Questions:

Do I have to get "family permit" for my family members to travel with me to UK?

As my job will start in UK after few weeks when we move from here , does that means I can't apply for their resident permit until I start working?

When i apply for their resident permit in UK , do I have to give all the dependency evidence again? I mean the evidence to show that I been supporting them when they were back home?

As I been living and working all this time in Ireland I have all my payslips , bank statements , tanency agreement, doctors letters , bills etc , will that be enough to satisfy the center of life requirement?

I will appritiate if someone can help me with questions.

Re: Surender sing route- need help

Posted: Wed Apr 22, 2015 12:34 am
by rosebead
Yes, you would have to submit all the dependency evidence again, even evidence from Ireland. British sponsors do not have to exercise Treaty rights on return to the UK so your family can apply for UK residence cards straightaway. 18 months in Ireland is more than sufficient to satisfy the Home Office's illegal "centre of life" requirement - just supply any evidence you think could suggest that you intended to settle in Ireland. The only difficulty might be with your stepsister because she is an extended family member. Normally the Home Office only accept direct family members for Surinder Singh applications because in the case law Mr Singh was a direct family member and the Home Office like to stick to the letter of the law when it suits them. They could however admit your stepsister at their discretion based on examination of personal circumstances. You could possibly argue that not allowing your stepsister back in with you would have had a deterrent effect on you exercising Treaty rights in the first place.

Re: Surender sing route- need help

Posted: Wed Apr 22, 2015 3:38 pm
by sugar123
Thank you very much rosebead for you help.

What about family permit? Do I have to have it before travel ?

Re: Surender sing route- need help

Posted: Wed Apr 22, 2015 8:22 pm
by rosebead
It's probably better if you do, as the UK may not be implementing CJEU McCarthy properly for British sponsors, meaning that they may ask you to satisfy Regulation 9 of the EEA Regulations at the border before they will allow your family members to use their Irish residence cards to enter the UK.

Re: Surender sing route- need help

Posted: Thu Apr 23, 2015 12:02 am
by sugar123
Thank you rosebead, when I apply for FP in Dublin do you know what paper works they ask for?

Re: Surender sing route- need help

Posted: Thu Apr 23, 2015 7:55 am
by rosebead
Check both the paper version of the FP form and its guide here. They will tell you what kind of documents the Home Office wants. Basically it will be proof of Irish employment, residence, "integration" and in the case of dependants, proof of dependency.