British citizen applying for EEA2 for Non-EU spouse... help!

[megmog]

Hi everyone,

I have read this forum in detail but cant find anything that would help our exact situation (its not exactly straight forward)...

The background.. I am English, my husband is South African. We met in the UK over 4 years ago when he was on a working holiday visa. He ended up overstaying his welcome whilst we saved and got ourselves in order to relocate to SA.

We moved to SA (by which time he'd overstayed by a year). We lived there for 10 months and got married. Soon after we relocated to Ireland. That was in Jan 07. We are still in Ireland - my husband is on a Stamp3 which gives him legal residence but he is not allowed to work. I am currently supporting us but clearly this situation cannot continue for much longer and we would like to eventually get back to the UK.

We are planning on applying for the EEA2 (family permit?) using the Surinder Singh ruling... As I am working and living in another EU country I do not see this being a problem.

I have the application forms and will be including the following documentation -

my payslips
my bank statements
my p60
proof of address
marriage cert
proof of accomodation in the UK (letter from my parents, photographs of rooms in the house, mortgage agreement etc to show they own the property)
passports, passport photographs etc.

(Am I missing anything?)

My questions are the following:

Does anybody see any reason why we would be denied the family permit?
(My husband left the UK of his own accord, but he was noticed at immigration on the way out - they made a note in his passport (which was stolen in SA) but I am aware it is on the "system". But he was not deported and we have been back to the UK twice since he got his stamp 3 without any bother from immigration.)

Following our application, if we were to receive the initial family permit for us to go to the UK, what do we then do? Can my husband work straight away? How long do we have to apply for the residence card once we have arrived in the UK? As a british citizen using the surinder singh route, do I need to apply for anything once I get back to the UK?

Sorry for this being so long, I just wanted to make sure the detail is right. I would really appreciate any advice anyone could offer or any guidance that might help.

Thank you!

[thsths]

We are still in Ireland - my husband is on a Stamp3 which gives him legal residence but he is not allowed to work.

Is there any reason why he did not get a Residence Card? He should be entitled to one, so I think you could probably stay in Ireland if you like.

We are planning on applying for the EEA2 (family permit?) using the Surinder Singh ruling... As I am working and living in another EU country I do not see this being a problem.

Yes, that should be fine. I assume that your marriage is recognised in the UK? That is the only potential obstacle I can see. The Home Office has implemented the Surinder Singh ruling in the casework instructions, so there should be no problems with that.

(My husband left the UK of his own accord, but he was noticed at immigration on the way out - they made a note in his passport (which was stolen in SA) but I am aware it is on the "system". But he was not deported and we have been back to the UK twice since he got his stamp 3 without any bother from immigration.)

Prepare for a longer wait, because the application will probably be referred to the Home Office for cross-checking. Overstaying is no a reason for refusal under European law, although you know what the Home Office is up to.

Can my husband work straight away?

Yes, he can, although getting a NI number is a bit difficult. And he should apply for a Residence Card asap. You do not have to apply for anything.

Tom