Shall I Apply from UK or from Ireland for Spouse

[jag20]

Hello,

My girl friend was being detained on student via in UK and had removal orders, she chose to leave the country voluntarily.

I am British Citizen and we got married in Pakistan last month. I am back in UK now, and want to apply for a spouse visa. The information I have been receiving is that she can be refused under 320(11)This is a discretionary refusal not a ban, so there is no set time limit for refusing entry.

Even if prepare the file and provide everything properly.

I am now confused that shall I apply through Ireland or through UK.

One solicitor suggested that I can apply without travelling to UK by saying I have intentions to move there and when she got a visa for ireland she can enter in UK?

I am not sure if this information is correct, would it work?

Please can some one advise me and help me make a decision.

Many Thanks
S

[Casa]

It's incorrect. In order for her to relocate to the UK via Ireland, you would first have to 'move the centre of your life' to Ireland with proof of employment or self-employment for at least 6 months...preferably longer. Google 'Surinder Singh'.

However, this sentence is confusing "One solicitor suggested that I can apply without travelling to UK by saying I have intentions to move there and when she got a visa for ireland she can enter in UK?"

You mention 'without travelling to UK', but you're currently in the UK aren't you?

[PrestonLancs]

Where did you get "minimum 6 months " from?

[jag20]

However, this sentence is confusing "One solicitor suggested that I can apply without travelling to UK by saying I have intentions to move there and when she got a visa for ireland she can enter in UK?"

You mention 'without travelling to UK', but you're currently in the UK aren't you?

Sorry I meant to say, I can apply without travelling to Ireland by saying in the form that I have intentions to move to ireland once she gets a visa. Once visa granted I can change my mind and bring her in UK on landing papers as my wife?

I am not sure if its correct or not.

For validation 3 people have had a spouse visa through this route too.

[Casa]

Where did you get "minimum 6 months " from?

Because anything less than this may not be considered to sufficient time to prove 'transfer the centre of life'. You could risk 3 months but this route is becoming tougher and at present the UK is not compliant with EU ruling. This link may be helpful:
https://www.freemovement.org.uk/surinde ... ion-route/

and also for those who have been refused under Surinder Singh, this link:
https://www.freemovement.org.uk/surinde ... -refusals/

Also in this link, take note of the final paragraph:
https://www.freemovement.org.uk/abuse-o ... der-singh/

[Casa]

However, this sentence is confusing "One solicitor suggested that I can apply without travelling to UK by saying I have intentions to move there and when she got a visa for ireland she can enter in UK?"

You mention 'without travelling to UK', but you're currently in the UK aren't you?

Sorry I meant to say, I can apply without travelling to Ireland by saying in the form that I have intentions to move to ireland once she gets a visa. Once visa granted I can change my mind and bring her in UK on landing papers as my wife?

I am not sure if its correct or not.

For validation 3 people have had a spouse visa through this route too.

It may be wise to read through this link and in particular the section covering 'Home Office current approach:
https://www.freemovement.org.uk/abuse-o ... der-singh/

and in this section:
Previous failed immigration applications under UK law

[el patron]

Hello,

My girl friend was being detained on student via in UK and had removal orders, she chose to leave the country voluntarily.

I am British Citizen and we got married in Pakistan last month. I am back in UK now, and want to apply for a spouse visa. The information I have been receiving is that she can be refused under 320(11)This is a discretionary refusal not a ban, so there is no set time limit for refusing entry.

Even if prepare the file and provide everything properly.

I am now confused that shall I apply through Ireland or through UK.

One solicitor suggested that I can apply without travelling to UK by saying I have intentions to move there and when she got a visa for ireland she can enter in UK?

I am not sure if this information is correct, would it work?

Please can some one advise me and help me make a decision.

Many Thanks
S

Reading between the lines -

I believe the solicitor may have been suggesting make the application for a C visit visa for Ireland on the basis of the British national's intention to travel there with spouse. The British national can be in Ireland for 3 months without having to do anything other than be present, the non-eu spouse benefits from that also. If during the stay in Ireland, the Britisn national becomes a qualified person, i.e. worker/self-employed, in Ireland, the non-eu spouse can apply for the Irish EUStamp4 residence card, once obtained this acts in lieu of a UK visa for entry to the UK, it may not however be enough to prove settled status or a right to work in the UK, though theoretically on 3 months visits to other EU countries you are free to work if you so choose. The only thing that is likely to convince an employer that you are 'legal' is the Certificate of Application you may receive if applying for a UK residence card after completing the required period in Ireland in respect of Surinder Singh route.

Some good upper tribunal cases on the initial right to reside, in particular the Bali decision - https://tribunalsdecisions.service.gov. ... 3-ukut-570

[ah619]

Hi guys...

Am on tier 4 student visa in the UK since 2012, i recently heard about surinder singh route. Am living with my blood brother (british citizen) since i came to the UK and he is the one looking after me here in the Uk. Is it possible that i can become his dependant by moving to the ireland and use surinder singh route?

[Wanderer]

Hi guys...

Am on tier 4 student visa in the UK since 2012, i recently heard about surinder singh route. Am living with my blood brother (british citizen) since i came to the UK and he is the one looking after me here in the Uk. Is it possible that i can become his dependant by moving to the ireland and use surinder singh route?

Do you live with him?

[secret.simon]

Also see this thread.