Various Questions Concerning SS Route Without Working Abroad

[llp]

Current situation, UK/Irish dual citizen (yes I know that complicates matters), living in Malta with non-EEA (visa national) spouse, since Dec 2014.

Timeline:

April 2015
Spouse received PR card (RC of Family Member of Union Citizen Art 10)

Travelled Malta to Dublin - showed my Irish Passport, spouse non-EEA passport & both Maltese ID cards - no problems, however, a stamp was not placed in spouse's passport

Crossed border into Northern Ireland - obviously no border control - then returned to Dublin a few days later, then flew back to Malta

Arrived Malta - no stamp in spouse's passport

First Question - what would the implications have been, if my spouse had been stopped in NI, (or mainland UK for that matter) after crossing the unmanned Irish border and therefore not having any stamp in her passport?

July 2015
Travelled Malta to UK - showed my Irish passport (I used Irish passport as it states I am Irish on Wedding Certificate), wife showed non-EEA passport and ID cards. Border official was happy enough, but advised that we should apply for EEA family permit as that would "make things easier" - however, as it only took around 5 minutes to pass through immigration, it was in no way difficult....

Spouse received - 6 month stamp (not sure if 1A) stating the following:

"Admitted to the United Kingdom under the Immigration (EEA) regulations 2006 for - (handwritten) SIX MONTHS"

Few days later - left the UK for France - obviously no immigration when leaving, therefore

Second Question - How do they know that my spouse has left the UK?

Arrived a small airport in France (Deauville), clearly not used to dealing with non-EEA travellers, but eventually they accepted the Maltese ID card, however they placed a Schengen arrivals stamps in wife's passport - this was confusing, as the Maltese authorities had not done this previously. Nevertheless, this at least could be used as proof of the date that my spouse departed the UK


Sorry for the long post, but just wanted to give you the background to my situation


Previously when we applied for the ID cards in Malta, I specified "self-sufficiency"

Am now thinking of possibly moving to the UK in January 2016 - concerned that the referendum vote may be OUT of Europe, followed by a drastic clampdown on ALL immigration, therefore would like to get everything finalised long before that.

Therefore:

Third Question - After spending one year in Malta, can we use SS route, even though I have not been working here? - NOTE: we are permanently living here, renting an apartment, have local health insurance etc. - genuine "centre of life" - in fact I have not lived in the UK since 1999

And lastly, if the SS route is OK for us - then

Do we need to get an EEA Family Permit, or can we just travel with the Malta ID cards, get the 6 month stamp and then start the SS process?

And finally, can someone direct me to the specifics of the SS Route once you actually arrive in the UK? E.g. Who do you register with etc. I realise there are lots of posts concerning SS, but mostly these explain the process in other European countries, but not what you need to do once you physically set foot in Britain


Apologies for the long post and numerous questions

[noajthan]

Current situation, UK/Irish dual citizen (yes I know that complicates matters), living in Malta with non-EEA (visa national) spouse, since Dec 2014.

Timeline:

April 2015
Spouse received PR card (RC of Family Member of Union Citizen Art 10)

...

Crossed border into Northern Ireland - obviously no border control - then returned to Dublin a few days later, then flew back to Malta

Arrived Malta - no stamp in spouse's passport

First Question - what would the implications have been, if my spouse had been stopped in NI, (or mainland UK for that matter) after crossing the unmanned Irish border and therefore not having any stamp in her passport?

...

Few days later - left the UK for France - obviously no immigration when leaving, therefore

Second Question - How do they know that my spouse has left the UK?

Arrived a small airport in France (Deauville), clearly not used to dealing with non-EEA travellers, but eventually they accepted the Maltese ID card, however they placed a Schengen arrivals stamps in wife's passport - this was confusing, as the Maltese authorities had not done this previously. Nevertheless, this at least could be used as proof of the date that my spouse departed the UK

Sorry for the long post, but just wanted to give you the background to my situation

Previously when we applied for the ID cards in Malta, I specified "self-sufficiency"

Am now thinking of possibly moving to the UK in January 2016 - concerned that the referendum vote may be OUT of Europe, followed by a drastic clampdown on ALL immigration, therefore would like to get everything finalised long before that.

Therefore:

Third Question - After spending one year in Malta, can we use SS route, even though I have not been working here? - NOTE: we are permanently living here, renting an apartment, have local health insurance etc. - genuine "centre of life" - in fact I have not lived in the UK since 1999

And lastly, if the SS route is OK for us - then

Do we need to get an EEA Family Permit, or can we just travel with the Malta ID cards, get the 6 month stamp and then start the SS process?

And finally, can someone direct me to the specifics of the SS Route once you actually arrive in the UK? E.g. Who do you register with etc. I realise there are lots of posts concerning SS, but mostly these explain the process in other European countries, but not what you need to do once you physically set foot in Britain

Apologies for the long post and numerous questions

Q1) Technically an illegal immigrant. Don't go there, why jeopardise your position..

Q2) Through wonders of modern technology you (your passport) may well be scanned & recorded as transiting the border even without receiving a stamp in passport.

Q3) 3 months to relocate centre of life is often quoted as an acceptable minimum so 1 year would appear to tick that box very well.

I understand SS relies on exercising treaty rights as a qualified person (which could be as a self-sufficient person) and not simply as a 'worker'.
SS-anoraks may wish to comment further.

UK EEA FP may help smooth the way but leaving for SS-anoraks to elaborate on the pros & cons of just winging it.
Last question is somewhat unclear - once in UK (via SS) don't you just live your life?

[noajthan]

You've probably found these but anyway, see:
http://www.immigrationboards.com/eea-ro ... 38469.html

&
http://www.immigrationboards.com/eea-ro ... 69701.html
- you've probably done up to step 15/16 of the Irish example in Malta

[mgb]

Q1- none, because a RC for a family member of a eu citizen means visa exempt independtly if the border is manned or not.

Q2- It doesn't matter because the stamp was against the rules anyway.