URGENT?HELP NEEDED! DUAL IRISH/BRITISH NI /HUSBAND AUSSIE

[jenfm]

HI GUYS

Really need help please, I seen a lawyer today to get advice and he has confused me a little, firstly my situation. I am dual Irish/British from Northern Ireland, my Husband and I lived and got married in the UK (NI) before moving to live and work in DUBLIN for 4 years, I went on Maternity in Dublin from my job in Dec 2012 with our 1st child, and haven't returned to work

Myself and our son moved to Belfast in Feb so I could give birth to our second son (Born in Belfast) to be with family for support while my husband remained in Dublin for work and he currently stays in Dublin through the week......So because I have been out of work and Im not seeking work due to just having had a baby in March 2014 will this affect his EEA family permit to join family in the UK (WE ARE USING THE SURINDER SINGH ROUTE)?

the lawyer I spoke to said I would either need to be jobseeker or be self sufficient and I would also need to have health insurance?? this is why im confused by what lawyer said why would I need health insurance in my own country??? Also he said I should send my irish passport with application evidence??(I have a folder of detailed evidence showing centre of life etc)but if Surinder Singh is based on my British citizenship shouldn't I just send it (its expired but will be sending my birth Cert as well)

so
1) do I need to be a jobseeker when applying via SURINDER SINGH? Is there any lea way for women who just had a baby??(I don't get maternity benefit)
2) Should I include my British expired passport and birth cert or the Irish passport or both??help my head is fried!!
Also my Dad is writing a letter to support my application saying that he is assisting us financially and that we are staying with him

For dual irish/british in northern Ireland(in the Good Friday agreement it states that people in NI can choose to be Irish British or both) it seems very difficult to get help here and at the moment I have different lawyers giving me conflicting advice.


Really am grateful if anyone can help xxx

[dalebutt]

Normally your husband would not qualify for a RC in the UK because you also have Irish citizenship, because you have lived and exercised your treaty rights in the ROI, your husband may qualify by virtue of Reg 9, you do not have to do anything when he returns, other than complete an application for EEA2, submit evidence that you lived and worked in ROI, evidence that you lived together in ROI. You should be fine.

[Jambo]

The lawyer is mixing using the Irish route (which is only available to Irish only) and Surinder Singh (which makes use of your British nationality).

The only potential issues with the application could be the break between employment and your return, and the staged return. This is not a typical Surinder Singh application so inexperienced caseworker might make a mistake here which you will need to correct.