Need Advice on Surinder Singh Route via Ireland...

[MeredithRoss]

Hello everyone!
I was hoping someone might have some advice for me. I am an American citizen and have been engaged to a UK citizen for the last two years. It has been a nightmare! Not only the long distance but also the UK visa process. We were actually told to go the Surinder Singh route from the beginning but we thought we qualified and didnt want to uproot our lives for a year. Shocker.... my fiance visa to Scotland was denied (we qualified for everything but the financial aspect....he DOES make over 18,600 but he is self employed and they were unsatisfied with his book keeping). So now we are out of options. From reading up on the SS route as well as many many people's testimonials .... this is our plan. Please anyone tell me if it is flawed in anyway.

I am flying to Ireland in April (an unrelated birthday trip with my family) and will be staying an extra 10 days so he can fly over from Scotland and we can find an apartment and hopefully find him a job. (he has lots of friends there so neither should be a problem)

We will fly back to America together in May where we will get married and spend time with my friends and family before the big move.

We will fly back to Ireland in June with a marriage certificate and our ireland address and a letter from his new employer (hopefully) At customs I will say that I am joining my husband per the Free Movement Treaty and that I will be filing for my Residency card immediately.

For the next year we will both be working, paying rent, paying bills, joining community groups and in general establishing a life in Ireland. After which we will have the option of returning to Scotland after filing for the EU Family Visa.

Am I missing anything? My only concern is that at the border they will say 'you need a special visa for this' or 'because you received a Refusal for a Fiance Visa from the UK you aren't eligible to enter'.

Thanks so much in advance for any advice that can be given

[GMB]

Hello Meredith – I’m also an American in the UK under EEA rules, although I have no direct experience with the SS route (perhaps others here will comment more directly on that). But from what I know of it, it certainly appears that you’ve covered all you bases, especially with respect to duration (a year) and his shifting his center of life to Ireland. The only other thing I’d add is document-document-document – nothing is too small to keep in terms of his proving his change of center of life, and also your presence there with him. Better to have and not need than need and not have.

As for 'you need a special visa for this' or 'because you received a Refusal for a Fiance Visa from the UK you aren't eligible to enter’; the ‘special visa’ is the EEA family permit, which you actually do NOT need since you’re a non-visa national, and your previous visa refusal is irrelevant because that was under UK national law, and you will now fall under EU/EEA law, in which the UK immigration authorities have virtually not leeway. They may look at you sternly and try to make you think they can deny you entry due to adverse immigration history, but in the end it’s all bluster – they can’t stop you exercising your rights under EU/EEA law no matter how much they wish they could.

[MeredithRoss]

Thanks so much!
Really appreciate the response