BC moving to Ireland for EEA route for the spouse in UK

[paras1234]

HI

I have posted some question here in past and thanks to great member of this forum I have received an honest answer

I have been living in UK for 7 year trying to regulation my stay in UK but no luck HO keeps on refusing my application and I came on visitor visa

However I have married my girlfriend and we have been in relationship for past 4 years

I applied on basis of her being my partner under 10 year route however the application was still refused

Now here's my question what if my wife moves to Ireland to use her treaty right. she can find a job there and a place to live

now I know she has to do this for 3 months to prove that centre of her life in moved to another EU country

However can she then come back to UK and apply for EEA (FM) for a non EU member (me) living in UK

also I am aware that UK might leave EU, so lets says if this did work before UK left EU, will I be able to apply for settlement or will my visa be cancelled because UK is no longer part of EU


Any help would be greatly appericated and many thanks in advance to those who will answer my question

Thank you

[member]

HI

I have posted some question here in past and thanks to great member of this forum I have received an honest answer

I have been living in UK for 7 year trying to regulation my stay in UK but no luck HO keeps on refusing my application and I came on visitor visa

However I have married my girlfriend and we have been in relationship for past 4 years

I applied on basis of her being my partner under 10 year route however the application was still refused

Now here's my question what if my wife moves to Ireland to use her treaty right. she can find a job there and a place to live

now I know she has to do this for 3 months to prove that centre of her life in moved to another EU country

However can she then come back to UK and apply for EEA (FM) for a non EU member (me) living in UK

also I am aware that UK might leave EU, so lets says if this did work before UK left EU, will I be able to apply for settlement or will my visa be cancelled because UK is no longer part of EU


Any help would be greatly appericated and many thanks in advance to those who will answer my question

Thank you

Where did you get married?

[Wanderer]

HI

I have posted some question here in past and thanks to great member of this forum I have received an honest answer

I have been living in UK for 7 year trying to regulation my stay in UK but no luck HO keeps on refusing my application and I came on visitor visa

However I have married my girlfriend and we have been in relationship for past 4 years

I applied on basis of her being my partner under 10 year route however the application was still refused

Now here's my question what if my wife moves to Ireland to use her treaty right. she can find a job there and a place to live

now I know she has to do this for 3 months to prove that centre of her life in moved to another EU country

However can she then come back to UK and apply for EEA (FM) for a non EU member (me) living in UK

also I am aware that UK might leave EU, so lets says if this did work before UK left EU, will I be able to apply for settlement or will my visa be cancelled because UK is no longer part of EU


Any help would be greatly appericated and many thanks in advance to those who will answer my question

Thank you

No, she can't have moved her centre of life with a husband in the UK. Plus (IMO) three months is not enough, think more like 9-12 months.

It's has to be an proper relocation, not an extended working holiday.

I don't think UK will leave EU, but it might remain with some special conditions re: immigration, the closing of the SS door being one when used patently obviously to frustrate UK immigration rules. In addition too it seems the UK and Irish authorities are currently doing their best to make this route as awkward as possible for applicants...

[noajthan]

...

Now here's my question what if my wife moves to Ireland to use her treaty right. she can find a job there and a place to live

now I know she has to do this for 3 months to prove that centre of her life in moved to another EU country

However can she then come back to UK and apply for EEA (FM) for a non EU member (me) living in UK

...

You have misunderstood some fundamental requirements to make a go of SS.

To get up to speed on free movement, start here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

And for UK take on SS, see here:
https://www.freemovement.org.uk/surinde ... ion-route/

Pro tip: listen out for screech of moving goalposts.

[paras1234]

Hi we got married in UK legally in council

HI Wanderer Thank you for your reply

Right Ok I see we will probably do 10 months it feels like also can you put some light on "In addition too it seems the UK and Irish authorities are currently doing their best to make this route as awkward as possible for applicants..."

how can they do this? because I have bad immigration history in UK so will that effect if we apply from Ireland?


HI noajthan many thanks for your reply and links, it helped very much

Also friend of mine told me that if I get visa for 5 years in Ireland I could come back to UK after one year when I get ''Residence card of a family member of a European Union Citizen'' is that true?

Thank you
Paras

[noajthan]

...

HI noajthan many thanks for your reply and links, it helped very much

Also friend of mine told me that if I get visa for 5 years in Ireland I could come back to UK after one year when I get ''Residence card of a family member of a European Union Citizen'' is that true?

Thank you
Paras

EU route applicants generally only face entry refusal into member states for major health, security or public policy issues.
If you don't fall into one of these categories all should be well.

Your friend has simply described doing SS by getting a RC in memberstate and returning to sponsor's home state. A classic freemovement and SS route, as per the links above.

Search in forum to find the tales of frustration, woe and delays you may face going via Ireland just now.
Some members have reported giving up on the Emerald Isle and shooting off to France & etc instead.

You may even want to cast your net a bit wider; for example, Malta is an Anglophile, English-speaking country (with great climate).

[paras1234]

Hi noajthan your great thank you

Also I had one question lets says if I moved to Ireland before we put the application. so me and my wife would be living in Ireland together, would that be any problem? or would it be good thing?


Also forgive me I am new to this forum and I couldn't find any other post saying delay applying through Ireland if you could provide me a link I would be very grateful

also many thanks for country suggestion

Thank you
Paras

[Casa]

Hi noajthan your great thank you

Also I had one question lets says if I moved to Ireland before we put the application. so me and my wife would be living in Ireland together, would that be any problem? or would it be good thing?


Also forgive me I am new to this forum and I couldn't find any other post saying delay applying through Ireland if you could provide me a link I would be very grateful

also many thanks for country suggestion

Thank you
Paras

You will find more in this thread:
http://www.immigrationboards.com/irelan ... 03581.html

[noajthan]

Hi noajthan your great thank you

Also I had one question lets says if I moved to Ireland before we put the application. so me and my wife would be living in Ireland together, would that be any problem? or would it be good thing?

...

Thank you
Paras

Um, which application are you referring to?

First stage in all of this is to go and embed yourself in some other EU state ie before getting round to applying for anything in UK;
(assuming you even want to come back to this sceptred isle)

[paras1234]

HI noajthan

Thank you for replying

so as far as I understand it's something like this please correct me if i am wrong (which I think i am) . my wife will have to go in Ireland work and stay there for 9 months get all proves needed and then will she apply to Irish authority saying that I have used my treaty right and i would like to call my husband to Ireland who live in UK? is that correct?

or is it that I move to Ireland by public transport with my wife and then she starts working and we gather all the proves needed and apply to Irish authority's saying that my wife is using her treaty right in Ireland and i am living with her in Ireland and apply on EEA1 application forum

I know this might be a silly question and you probably have answered before some where in forum but your help would be greatly appreciated

Thank you
paras

[noajthan]

HI noajthan

Thank you for replying

so as far as I understand it's something like this please correct me if i am wrong (which I think i am) . my wife will have to go in Ireland work and stay there for 9 months get all proves needed and then will she apply to Irish authority saying that I have used my treaty right and i would like to call my husband to Ireland who live in UK? is that correct?

or is it that I move to Ireland by public transport with my wife and then she starts working and we gather all the proves needed and apply to Irish authority's saying that my wife is using her treaty right in Ireland and i am living with her in Ireland and apply on EEA1 application forum

I know this might be a silly question and you probably have answered before some where in forum but your help would be greatly appreciated

Thank you
paras

You haven't quite got the hang of it.

I assume your wife is British and so she will be your sponsor. You will be the dependent. a direct family member..

Under the UK flavour of Surinder Singh (which is not strictly compliant with the letter and spirit of EU law, but, hey ho, what can you do), you both have to move your centre of life to another country, say Eire (assuming you can get an entry visa).

Poor wife has to exercise treaty rights in the State by working or running a self-employed business.

You both establish yourself in the community; buy or rent a house; send (any) children to local schools; perhaps have a go at learning the language (Gaelic) & etc etc.

During this time, apply for all EU-related paperwork, register with the Irish authorities & etc etc; (plenty of topics in EEA sub-forum on all these matters, the sequencing and timelines involved).

Eventually, if you decide to return to UK, you apply for a FP to enter UK.
Ref: https://www.gov.uk/government/publicati ... lic-health

Once in UK, you apply for an optional RC. This demonstrates your right to reside, work, study in UK.

As a returning SS-er, sponsor/spouse no longer has to exercise treaty rights (ie in UK).
After 5 years residency in UK you may have acquired PR.
If so. as spouse of BC you can then shoot for privilege of citizenship and holy grail of British passport.

That's it.

Viva free movement! (assuming no Brexit)

[paras1234]

HI noajthan

Thank you for your reply

yes she is British

so we both move to Ireland and establish ourself in the community by buying house etc etc

and then we apply for EU1 application form correct? so I could get visa in Ireland

also how long does EU1 application form takes? I heard that it wouldn't be more then 6 months and i would 6 months visa meanwhile the application is being processed

Thanks a lot for your help

Thanks
paras

[noajthan]

HI noajthan

Thank you for your reply

yes she is British

so we both move to Ireland and establish ourself in the community by buying house etc etc

and then we apply for EU1 application form correct? so I could get visa in Ireland

also how long does EU1 application form takes? I heard that it wouldn't be more then 6 months and i would 6 months visa meanwhile the application is being processed

Thanks a lot for your help

Thanks
paras

Yes, that's it.

And yes, EU1 gets you the Irish-issued RC.

As for timings, no idea really.
According to some reports the authorities appear to be dragging their feet for some reason, both for initial entry visas and subsequent EU-related docs.
For example, see http://www.immigrationboards.com/irelan ... 06977.html

For this reason, some members have recently given up on the State and plumped for an alternative destination.

For rest of details in Eire, suggest search through some of the Ireland SS topics.