The EOJ case of Surinder Singh is in play here, and it affects ALL EU countries! The UK accepts that, and has now has enshined the Surinder Singh principle into UK legislation, so why does Ireland think that the principle does not apply to them?
This is the UK's guidance to its staff dealing with Surinder Singh cases :-
Can anyone locate the Irish equivalent? Indeed is there an Irish equivalent? OR does Ireland think that judgements of the European Court of Justice do not apply to it?The ECJ case of Surinder Singh states that nationals of a Member State who go with their non-EEA family members to another Member State to exercise a Treaty right in an economic capacity, (as a worker or self-employed person) will on return to their home state, be entitled to bring their non-EEA family members to join them under EC law. (For example a British national and his non-EEA national spouse/children who have lived in Germany and exercised an economic treaty right and are now returning to the UK).
The Surinder Singh judgement is now incorporated into the EEA Regulations in Regulation 9.
It is confined to those cases where a British national has exercised an economic Treaty right and the Non-EEA national family member can demonstrate their lawful residence in a member state. (see section 21.4.1 on applications made from another Member State for more information on lawful residence requirements).
It does not matter if the only reason the British national went to another Member State to exercise an economic Treaty right was so that he/she could come back to the UK with his/her family members under EC law.
The non-EEA spouse will be eligible for entry into the UK under the Surinder Singh ruling provided that the marriage is valid and that the couple are not formally divorced. This applies even in cases where the non-EEA national spouse has not lived with the British national for the whole period during which Treaty rights were exercised. You may, however, find along with other evidence that this leads you to believe it to be a marriage of convenience.
Evidence that the couple have lived together may include:
* a registration certificate/residence card issued by the Member State;
* tenancy agreements; or,
* joint bank statements.
You should seek advice from ECO Support where you are unsure about the decision to be taken in applying the Surinder Singh judgement.
