Returning to the uk after ss route

[Hamzahreheman]

Hi im new here to this forum, my names hamzahz im a british national. I have a child whos 18months old and currently in Ireland doing the surinder singh route with my wife. Ive been here since Feb 11 2014. Just wana go back to the uk now. Eventho ive got a job with AIB banks call centre, it pays real good but Ireland was never gonna b permanent. Ive also been offered a job in London at a place i used to work, they can supply me with a letter to confirm.

I was wondering if im ok to go back now? Ive worked for 3weeks at tesco and now 2weeks at AIB, cant i say that i really wanna go back to my old job? Ive registerd at doctors here and made a few friends who could write letters for me to say they know me and the rest of it. Could i not apply and say tht i want to use the new case c456-12? I was told by a immigration lawyer that its worth a try.. Any advice or suggestions?

[rosebead]

To be honest I don't think 5 weeks of work is going to cut it. I'd work at least 5 weeks more so that at least you would be covered by Ninni-Orasche case law (Case C-413/01) which rules that 10 weeks of work could be considered "genuine and effective". True, Case C-456/12 O B only requires over 3 months of residence in the host State but that is still not UK law yet, which means at the moment that the only place that you can argue that case law is in appeal courts. For now, the stupid UK "centre of life" rule still stands, and I don't know if 5 weeks of work is going to convince a UKVI caseworker that you have shifted your centre of life to Ireland.

Still there is no harm in applying for an EEA Famiy Permit now if you want to, although don't be too surprised if you are rejected because of "centre of life" or for not being a "genuine and effective" worker. However I wouldn't be worried that a refusal will affect a future EEA FP application if you want to try again in a month or two, as obviously your circumstances will have changed by then and you would've lived and worked longer in the host State by your second application. You could of course fight any EEA application rejecton in court and argue O B v Netherlands case law, but I don't know how long the appeal process could last, and obviously if you're hiring a lawyer it will cost money.

[Hamzahreheman]

Thanks for ur reply.

I agree with you it may not be enough. But then again, applying for a UK visa is like a lottery, its almost all based on luck an the mood of the officer lol.

I know of a guy who only worked 3 weeks and stayed in Ireland for 6months and got his uk visa approved. Then theres a guy who workd 16weeks and got his refused.

So i think ill go for it. See what happens, then go according to the decision. My mum and dad havent seen my daughter in almost 2 years. The UK treat everybody from abroad as either criminals or a burden. But wish me luck! Ill keep posting back with progress for anyone else whos in the same position!

[rosebead]

No harm in trying, wish you luck with your application.