FP refused. Non-visa non-EEA. Go to the UK, and apply RC?

[pdftw]

This has probably been answered, but I cannot find a definitive answer...

We just got refused our FP application (self-employed). We are awaiting an Irish RC (Article 10) decision in August but...

As my spouse is non-visa, I'm a UK national/citizen, is it possible to just go to the UK, live there, and go through to UK RC process? Technically, this would mean entry as a tourist but this is hypothetically an option, right?

Any other options (aside from "wait for the Irish RC?).

Thanks.

[noajthan]

This has probably been answered, but I cannot find a definitive answer...

We just got refused our FP application (self-employed). We are awaiting an Irish RC (Article 10) decision in August but...

As my spouse is non-visa, is it possible to just go to the UK, live there, and go through to UK RC process? Technically, this would mean entry as a tourist but this is hypothetically an option, right?

Any other options (aside from "wait for the Irish RC?).

Thanks.

I assume you are on a Surinder Singh trajectory back to UK after a stay in Eire (?).

You could be examined at the UK border; if so, would need to furnish the same type of information & evidence as is required for a FP.

Once in UK, (however you may get there), as you have failed to obtain a FP you are likely to fail again on any application for a UK RC. This is because evidence of sponsor's activity in Eire will be required.
And/or you may well not met the UK's centre of life test requirements too; (which, somewhat controversially, are more stringent than EU law).

Note: not having an Irish RC may weaken your SS application for a UK RC.

To make a start at managing this, what have you done to address the failings in your FP application?
How do you fulfill centre of life requirements?

[pdftw]

The core of the refusal were (I am self-employed):

- We did not state the monthly income or living costs (both are not necessary, right?)
- I did not "show the services received by my client"
- I work from home (how is this a problem?), and my client is in Hong Kong (they genuinely are my client)
so they say they saw no reason why I needed to move to Ireland to start self-employment.
- Based on this ^ they do not believe I moved my CoL to Ireland.


The point was we wanted to live in Ireland but have found it too hard to get the business going. I lived outside the UK for nearly 6 years.

[noajthan]

The core of the refusal were (I am self-employed):

- We did not state the monthly income or living costs (both are not necessary, right?)
- I did not "show the services received by my client"
- I work from home (how is this a problem?), and my client is in Hong Kong (they genuinely are my client)
so they say they saw no reason why I needed to move to Ireland to start self-employment.
- Based on this ^ they do not believe I moved my CoL to Ireland.


The point was we wanted to live in Ireland but have found it too hard to get the business going. I lived outside the UK for nearly 6 years.

Yep, centre of life is a tough nut to track.
And it totally contravenes the spirit and letter of EU law (and related case law).

EU law simply mandates that any work is genuine & effective rather than marginal and supplementary.
HO tends to apply its MET/PET tests too.

Lots of documents you could provide to demonstrate self-employment. Only having 1 client may be a problem.

The offshire client may be a problem - it really begs the question why there was any need to move to Eire.

Simply moving back to UK won't really help you at the moment (assuming spouse can get in as a visitor).

On this result you won't be considered (by UK gov) to be a returning Brit who has executed SS. That means you can't (as a proxy EEA national) sponsor a family member under EU rules.

[pdftw]

The CoL test is of course designed to be against the "spirit" of the law.

I brought the client "with me" knowing it would pay enough for us to survive for the short term. Nothing has taken off since, so we want to go to the UK.

All your points I had thought of but part of me says "give it a go"...

Thank you.

[noajthan]

The CoL test is of course designed to be against the "spirit" of the law.

I brought the client "with me" knowing it would pay enough for us to survive for the short term. Nothing has taken off since, so we want to go to the UK.

All your points I had thought of but part of me says "give it a go"...

Thank you.

Perhaps Eire wasn't a good bet.

Your only realistic way back to UK may be to carry on with SS.

How about Malta...?

• Anglophile & English-speaking;
  good climate;
  seasonal tourist sector; (it doesn't matter what work you do)
  small IT/gaming sector;

- may be worth a punt.

[pdftw]

With recent tightening of scrutiny, Ireland became a "bad choice" shortly after we moved here, if you see what I mean...

I might just have to make sure I earn over 18,600 for 6 months. At least my spouse can "visit" for that long as a non-visa. Oh, then there's the 1200 quid application fee. And 600 quid medical fee!!