EEA2 surinder singh documents - worker

[alphagear]

Wondering whether you can switch back to national once you have taken the surinder route?

[Casa]

You can't switch routes if that's what you're asking.

[chaoclive]

You can't switch routes if that's what you're asking.

Doesn't it depend on how far they have got down the SS route?

Why couldn't they apply for a UK spouse visa from the British Embassy in Dublin (through the visa processing centre) if they are living in Ireland at the moment? They would not be able to change routes if they have already returned to the UK after applying for a family permit/RC etc, right?

[Casa]

You can't switch routes if that's what you're asking.

Doesn't it depend on how far they have got down the SS route?

Why couldn't they apply for a UK spouse visa from the British Embassy in Dublin (through the visa processing centre) if they are living in Ireland at the moment? They would not be able to change routes if they have already returned to the UK after applying for a family permit/RC etc, right?

You're right chaoclive. I assumed (maybe too hastily) that they had already relocated to the UK under the SS route. Perhaps the OP can confirm?

[alphagear]

Yes we are currently in ireland.

So basically once we have gone the eea route and in britain theres no way in going back?

Im worried since i have been married 4.5 years but we were apart for 2.5 years and i have managed to lose the initial 1 years phone calls and receipts. I never visited in that time since i was too obsessed with meetings the 18600 requirement.

Just worried that i wont be accused of a sham marriage.

We are currently living together in ireland for past 6 months.

[alphagear]

Seriously messed up since i had all our calls and photos at the beginning of our marriage.

Ive lost almost all evidence of the beginning of the marriage and i hope it doesnt come back to haunt me.

Thinking about spending as much time with my wife and going to pakistan for a while.

Im british pakistani and wife is pakistani.

[alphagear]

The last thing i want is being rejected for a eea family permit cause of this.

Would rather go to pakistan and spend a couple of years there then try for settlement upon return.

My wife is currently pregnant which i hope helps.

[mgb]

The pregnancy is the best proof it is not a marriage of convenience.

[alphagear]

What if i enter without eea fp and apply for rc and it gets rejected.

Will i still be able to use national law?

[chaoclive]

What if i enter without eea fp and apply for rc and it gets rejected.

Will i still be able to use national law?

I don't see why you're so worried at this stage. If you marriage has been subsisting for so long and you have a child on the way, I don't know why they would have a reason to reject your EEA FP. Make sure that you have moved the 'centre of your life' to Ireland, keep all the details of your job in Ireland, show that you have been resident as a couple etc and I would say you will be fine with the EEA FP. You can also appeal the EEA FP decision if needs be. I'm not sure why you would want to give it all up and start from the beginning again, which is what you would have to do if you left Ireland and went to Pakistan. Remember that the rules may change again in the future.

When is your child due? Where do your partner plan to give birth? If in Ireland, the child will be born with dual British and Irish citizenship, and maybe Pakistani citizenship too (I know nothing of Pakistani citizenship law though).

[alphagear]

Wife is 4 months pregnant.

Not sure about the subsisting part since we were apart for 2.5 yrs and i didnt visit. During that time ive lost call logs skype and money transfer receipts. I only have for last 2 years evidence of subsisting marriage.

What im looking to do is spend as much time in ireland and then move to uk without permit.

Can you apply eea2 anytime?

[alphagear]

Just though id say that my wife has a clean immigration record and we share common language.

Our marriage was arranged.

[CR001]

I only have for last 2 years evidence of subsisting marriage

If this is for the most recent 2 years, it should be sufficient.

[alphagear]

Yes most recent 2 years.

I lost evidence for previous 2 years including calls and money receipts.

Only have evidence of marriage, videos and photos of our families at wedding.

Currently have calls records, money receipts, joint tenancy, joint health insurance, joint bank account, prtbs and bills spanning the last 2 years.

Just worried that sham marriages are determined at their inception and i have lost everything.

[chaoclive]

Yes most recent 2 years.

I lost evidence for previous 2 years including calls and money receipts.

Only have evidence of marriage, videos and photos of our families at wedding.

Currently have calls records, money receipts, joint tenancy, joint health insurance, joint bank account, prtbs and bills spanning the last 2 years.

Just worried that sham marriages are determined at their inception and i have lost everything.

Many people have been married for much shorter periods of time and are still able to get their EEAFPs. I don't think you will have any issues whatsoever.

[alphagear]

So am i right in saying the longer the marriage the better?

My wife has a clean immigration record and we are the ethnicity.

Honestly she has no motivation to come to UK which is why i dont see the reason to take the risk and waste time.

Would be better off in pakistan where i dont have the stress of having to show how genuine my marriage is with papers.

[adedayoh]

Alpha gear,
U r asking the same questions over and over, as you have clearly stated that your wife is pregnant, dats more than Enuff proof that your marriage is real.

Ur marriage certificate is will also suffice with few wedding pics. If u plan to go thru the SS route you don't need so much documents to get ur wife a visa to Dublin from ur home country

[alphagear]

Thanks adedayoh.

Yh what im planning is staying in ireland till my wife gives birth. Baby is due early next year. I would have stayed in ireland for a year by then. I hope that helps my case.

Just wondering is there a specific timeframe to apply for eea2 when you return?

Im looking to purchase a home on our names.

Just worried since i have struggled to bring wife over cause of 18600 rule. Not easy to maintain relationship and find work to bring wife over. Only found out about surinder singh in late 2014.

I lost everything when my wife was applying for spouse visa in 2014.

Call records and money receipts were sent by post.

Never got there and couldnt get them back since i could only get last 6 months of calls.

Thanks alot. I hope time is a healer.

[alphagear]

Just wanted to know when can you apply for eea2 once you return?

Can it be anytime with the surinder singh documents?

And can you skip eea2 and go straight to eea4?

[adedayoh]

Hi alpha,
Try to get ur wife to Dublin asap then, if the child is born in Dublin it helps ur case with the centre of life when you move back to the UK, if she's joining you in Dublin. You don't need much to apply for the Irish visa.

[alphagear]

Hi adedayoh,

Wife is already here in ireland.

We have been here since march 2015.

[alphagear]

Just wanted to know when you have to apply for eea2 under surinder once you return with or without eea fp?

Thanks.

[noajthan]

Just wanted to know when you have to apply for eea2 under surinder once you return with or without eea fp?

Thanks.

RC is an optional card.
if you want or need a RC suggest applying as soon as you have assembled adequate documentary evidence to support your application.

[alphagear]

Thanks.

So even if i go surinder singh route i dont need to apply for it?

Of course that is with or without eea fp?

I'll looking to stay in ireland for about a year cause my wife is pregnant.

Hopefully once she gives birth then i will move back.

Pretty sure thats enough for centre of life.

[noajthan]

Thanks.

So even if i go surinder singh route i dont need to apply for it?

Of course that is with or without eea fp?

I'll looking to stay in ireland for about a year cause my wife is pregnant.

Hopefully once she gives birth then i will move back.

Pretty sure thats enough for centre of life.

RC is optional.
It may be useful in connection with seeking employment or claiming benefits.
The RC will simply confirm status, it doesn't grant any status.