EEA-ROUTE APPLICATION

[hanna918]

Hi everyone,

I am new to this site and i really need help. I am a british citizen my husband lives in egypt and the homeoffice rejected our application last month we took an appeal but still waiting to hear from them. Last few days i was reading about taking the directive route through ireland. Booked flight/hotel and i am planning to travel to ireland on 09 november to exercise freedom of movement and considering making my husbands application as spouse of EEA Citizen to join me on 14 november so we can live together and settle down looking for job etc. According to irish visa guideline below it says that they accept application of non EEA family of EU citizen planning to exercise freedom of movement and wl be in member state at time of applicants arrival whicb is what we are planning to do.

Section 4.5 of the visa guidelines “it is important to note that an application cannot be refused on the basis that the EU
citizen is not exercising free movement rights in the State if (a) it is shown that the EU citizen will be accompanying the applicant on their journey to the State, (b) the EU Citizen has been less than three months in the State or (c) it is shown, that the EU citizen, although not in the State at the time of the visa application, will be lawfully in the State at the time of the applicant’s arrival in the State. This is because the EU Citizen and their family members have a right of residence, under Article 6 of the Directive, for up to three months in the State without any conditions (this is, in itself, an exercise of free movement rights under the Directive).  

I have few question. 1: Can we apply using this route although i am still in uk but will be in ireland by the time my husband arrives. 2: how can we make the application and what evidence can we include to increase our chances. 3: finally our uk spouse was refused does it have any impact on taking ireland route to see my husband and live together for a while.

sorry about the long post, I miss my husband and want to use my eu rights but really confused on what to do next.

[Wanderer]

You need to move to Ireland (or other state) at least for 12 months and shift your centre of life so to prove you are genuinley legitimately benefitting from EU rules to suit your circumstances rather than just using the directive to circumvent UK rules in accordance with the spirit of the law.

[357mag]

Think that must be wrong Wanderer, under c 456/12 it is just over 3 months and I read a post by Obie with a link saying the center of life is being challenge by EU.

[Obie]

You need to move to Ireland (or other state) at least for 12 months ................

Where did you get that from?

In any event, it seems to me, that the OP's immediate concern is getting her husband to Ireland.

[Wanderer]

From UK Government - still the law of the land here despite EU meddling.

[Casa]

I agree with Wanderer. It would be difficult to prove the centre of your life had been established and relocated within 3-6 months and a change in the rules would seem to be a long way from being amended. The following may be of interest:

There is guidance document disclosed under Freedom of Information and it gives examples of people only living and working for 6 months as a reason for rejection. 1 year or any time scale isn’t mentioned, but Home office interprets the new rule to mean you are unlikely to meet the requirement in much less than a year via ex-pats forum

However we also have this disclosed by the Home Office;
The Home Office has confirmed that there will be no set minimum requirement for the time spent in another member state, however the longer the time outside Britain, is the more likely “centre of life” has shifted.

The degree of integration will be assessed taking into account many factors. The examples chosen by the Home Office are as follows:

• Does the British citizen have any children born in the host member state? If so, are the children attending schools in the host member state?

• Does the British citizen have any other family members resident in the host member state?

• Has the British citizen immersed themselves into the life and culture of the host member state? For example, have they bought property there? Do they speak the language? Are they involved with the local community?

[Wanderer]

I agree with Wanderer. It would be difficult to prove the centre of your life had been established and relocated within 3-6 months and a change in the rules would seem to be a long way from being amended. The following may be of interest:

There is guidance document disclosed under Freedom of Information and it gives examples of people only living and working for 6 months as a reason for rejection. 1 year or any time scale isn’t mentioned, but Home office interprets the new rule to mean you are unlikely to meet the requirement in much less than a year via ex-pats forum

However we also have this disclosed by the Home Office;
The Home Office has confirmed that there will be no set minimum requirement for the time spent in another member state, however the longer the time outside Britain, is the more likely “centre of life” has shifted.

The degree of integration will be assessed taking into account many factors. The examples chosen by the Home Office are as follows:

• Does the British citizen have any children born in the host member state? If so, are the children attending schools in the host member state?

• Does the British citizen have any other family members resident in the host member state?

• Has the British citizen immersed themselves into the life and culture of the host member state? For example, have they bought property there? Do they speak the language? Are they involved with the local community?

I think that's fair enough, what we don't want is people thinking that hopping to Ireland for a bit and coming back means that chain migration/stroke abused UK immigration history is in order after the event. It's plainly obvious this route is used to circumvent UK rules, the rule was designed to help those genuinely working/living within another EU state and even then, the question of chain migration/etc is not addressed.

Its patently obvious from here on these fora that people use this to their advantage, and whilst it law that's fine, but it should not be law and the UKVI is wising up.

[Obie]

From UK Government - still the law of the land here despite EU meddling.

The EEA regulation 2006 is not the law of the land, as far as EU law is concerned.

The law of the land is The The European Communities act 1972. It is what allowed the EEA regulation 2006 to be implemented.

That law states that if UK national law ( The EEA regulation 2006) is at variance with EU law ( Citizen Directive) , or decision ( CJEU Judgement) then UK law should be totally ignored.

In those circumstance, a UK court will go into error if the apply the Centre of Life test.

I have explained this so much that I am getting tired.

[Wanderer]

From UK Government - still the law of the land here despite EU meddling.

The EEA regulation 2006 is not the law of the land, as far as EU law is concerned.

The law of the land is The The European Communities act 1972. It is what allowed the EEA regulation 2006 to be implemented.

That law states that if UK national law ( The EEA regulation 2006) is at variance with EU law ( Citizen Directive) , or decision ( CJEU Judgement) then UK law should be totally ignored.

In those circumstance, a UK court will go into error if the apply the Centre of Life test.

I have explained this so much that I am getting tired.

So far as that law is enshrined in the local law.

Largely immaterial any, since certainly the French ignore EU law, in my direct experience they directly advertise for consultancy roles for 'French Nationals only ' - they are are not SC roles - and the Baltic States advertise for 'Ethnic Russians only' - as I speak Russian that precludes me despite that fact I qualify. Is it right? Maybe not, but they do it as does UK and I'm sure do other States.

Everyone knows each EU State takes whatever EU directive they like so it's all bollocks.

I know what your saying and I know we disagree but there's a big difference between the reality and what is written in Brussels-speak.

[Casa]

My husband and I have lived in Spain and the Spanish are notorious for flouting the regulations for other EU nationals.

[Obie]

It is not what is written in Brussels .

It is what is written in Section 3(1).

Unless you are advocating that the UK ignore its own law. That will get us into an dangerous territory.

Are you saying because one nation ignore a law, and other nation is justified in ignoring the law also.

If that is what you are suggesting, then it is plainly absurd to suggest that.

[hanna918]

Thank you for all the replies. I am not really thinking about getting back to the uk, i know i have to work and transfer centre of life to meet uk requirments. Right now i just want to know whether we can apply under this law and live in ireland after that we can take it step by step if we decided to cme back to the uk. My intention is not to abuse the law i just want a way out and chance to live with my husband and have a normal lfe.

[Obie]

That is what i thought OP.

I never saw any part of you initial post that mentioned returning to the UK, and i pointed that in my initial post.

I apologise for falling into the trap set by Wanderer, and as a result i went out of topic.

As you have done your research, your findings are correct. The department of Justice will not hold it against you that you have not started living and exercising treaty rights in Ireland. Provided you wish to move and reside there.

[hanna918]

Its ok obie, thanks for clarifying it for me. Thr isnt much difference between uk and ireland. If i can find job there and my husband can settle with me then i dnt really see any rush for me to return to uk.

The only thing i am worried about is (a) would they allow my husband to enter ireland even though i wnt be in ireland at the time of application but made to travel few days before him to pick him up from the airport and (b) can he apply resident card to work etc.