surinder singh route

[jasmin kool]

Hi my partner is British citizen and she exercise her treaty rights in Ireland now we both move back to UK an applied for EE2 surinder Singh route application.my wife is pregnant and baby is due this month and she cant do job and i am waiting for my visa letter so that i can look for job .my question is if my wife apply for income support will it effect on my visa please can any one help me with this thanks

[357mag]

Shouldn't affect anything, as long as she didn't be a burden in the host state.
You say partner so I assume you were in Ireland as a durable relationship. Were you there long enough to get a residence certificate?

Sorry just re-read your post and you say wife. In which case you dont "need" the residece card you will get from the EEA2 application, you can legally work without it although it might be difficult to find an employer who will take you on without it.

[jasmin kool]

Thanks for your reply me and my British wife both returned to uk an I submitted EEA2 application for residant card.my wifes claims income support but some body told us if she claims any benefits then home office can refuse my residence card

[357mag]

Dont think thats right, shes not in UK exercising treaty rights, she did that in another country, shes in UK because its her home nation and shes entitled to the protection of her home states benefit system.

I'm interested to know how long you were in Ireland together.

[jasmin kool]

We both were in ireland for 8 months and she do job for 7 months and I send our joint profe of address her payslips and and her pregnancy profes and doctors oppoinments.and I also have 5 years stamp 4 eu fam card

[357mag]

Cool, I think your case is strong, but UKVI are a nasty bunch and they seem to issue refusals for things like transfer of family life or not married very long so they say its a marriage of convenience or you are trying to cheat the rules.

[jasmin kool]

Thanks for your reply our marriage and every thing is genuine so u mean they can't refuse because of claiming income support

[357mag]

My opinion is no they cant refuse your wife benefits and it should not affect your application.

Good luck.

[jasmin kool]

Thanks alot:)

[ciao123]

Hi Jasmine,

I am trying to apply under SS route and really need your help as you have gone through the same process. My question is that did you get the EEA family permit before returning to UK? or you returned to UK without any visa and applied straight for EEA2 application. If you did apply for EEA FP before coming to UK, then which documents did you send with your application.

Thanks in Advance

[jasmin kool]

No I didn't apply for EEA permit.me and my wife both travel to belfast as there is no border between ireland and uk and then fly from belfast city airport to Manchester. And then after 2 days I submit my EEA2 application

[ciao123]

Thanks a lot for your reply, Really appreciate your help as I am really stressed about all this now. Is there a way I can contact you 121 through email, watsapp etc?

What u mean by A1 stamp if we travel without a family permit? Is it an EEA Family permit permit or is it a visitor visa stamp? Another question is that can we travel by train from ireland to northern ireland without being stopped by border control?

[rosebead]

You are protected by Eind case law (Case C-291/05). In this case, a Dutch sponsor returned from the UK to the Netherlands with his non-EEA daughter and claimed social assistance in the Netherlands. The CJEU ruled that a returning EEA sponsor does not have to be economically active or self-sufficient in his home country for his family member to have a right of residence there.

[jasmin kool]

Rosebeat thanks for you reply so it means I have to stay relax and there is no need to worry?

[nclsmiley]

Hi Jasmin Kool

Just wondering whether you applied for residence card in Ireland before you left Ireland. Also what airline did you travel by from Belfast.

I am currently in Dublin and is about to apply for residence card and if you can travel without it I would not need to go through the process to apply for it.

Thanks in advance

[jasmin kool]

i have got 5 years residence card in Ireland which is called stamp 4 eufam.the visa which i didn't apply is family permit which is to come to uk i travel to uk without family permit and airline was flybee.if you want to make surinder singh route you must apply for residence card in ireland and exercise treaty rights once you got residance card in ireland and you have got enough evedance to profe your partner moves his or her center of life in ireland than you travel to uk and apply for EEA2 stright away

[Obie]

You are protected by Eind case law (Case C-291/05). In this case, a Dutch sponsor returned from the UK to the Netherlands with his non-EEA daughter and claimed social assistance in the Netherlands. The CJEU ruled that a returning EEA sponsor does not have to be economically active or self-sufficient in his home country for his family member to have a right of residence there.

Eind provides protection. My concern is not the benefits, as the wife will qualify for it. Rather, it is whether he will be able to fulfill the centre of life requirement.

[n2o]

i have got 5 years residence card in Ireland which is called stamp 4 eufam.the visa which i didn't apply is family permit which is to come to uk i travel to uk without family permit and airline was flybee.if you want to make surinder singh route you must apply for residence card in ireland and exercise treaty rights once you got residence card in ireland and you have got enough evidence to proof your partner moves his or her center of life in ireland than you travel to uk and apply for EEA2 straight away

No I didn't apply for EEA permit.me and my wife both travel to belfast as there is no border between ireland and uk and then fly from belfast city airport to Manchester. And then after 2 days I submit my EEA2 application

back up a bit, because you have made an interesting comment, if you could kindly fill in some details?

1. You entered the UK with only the Ireland resident card (RC), checked in with flybee, presumably with no hassles as far as identification?

2. When you arrived at Manchester, settled - at this point you applied for EEA2 from within the UK?. If so was there any difficulty & did you get the family permit?

For the next part of this post, I'd appreciate feedback & comments as well as if anyone has done this successfully?

You arrived in the UK with only the RC from an EU member state (Ireland). Since you have that, why would you need a family permit, why not just apply for a UK residence card?

Since the Mcarthy case has been ruled on, why would anyone with a RC issued in a member state then going into the UK need to apply for a family permit?

http://www.theguardian.com/uk-news/2014 ... pean-court



Where you successful in getting the family permit as well as resolving the benefits issue?

[jasmin kool]

as i told in my comment i didn't apply for family permit to enter in the UK.I entered UK without any family permit and then apply for EEA2 ( 5 years residence card).And as i mention in my comments he who arrive in the uk without family permit the immigration officer will give them stamp which showed there leagle status in the uk as faar as they full fill the requirments.but again i mention as there is no border control between uk and ireland so there is no immigration.

[nclsmiley]

Thanks Jasmin

I have applied for my husband's residence card and is just waiting now.

I will keep you guys informed

[jasmin kool]

good luck nclsmile

[jasmin kool]

Hi every body I received my visa today

[jasmin kool]

hi just to update you i got my 5 years residance in uk

[logical_1]

hi just to update you i got my 5 years residance in uk

Congrats.
I was wondering if a RC from member state is necessary in order to apply for a FP or EEA2. If it isn't would it make any difference to FP or EEA2 decision made by UKVI?

[kunfayakun]

Hi Jasmin! I'm in Dublin city at the moment in the process to apply for the resident card under SS route and I kindly want to know from you is how did you travel to Belfast from Dublin? By car, bus or train? Which is the troublefree way to pass the boarder?
Thank you.