Code 1A Stamp and Surinder Singh (Ireland)

[London ChYck]

Hi,

Quick question after completing the minimum 3 Months and 1 Day in order to prove that you have exercised your Treaty rights under Surinder Singh in Ireland, is it still possible with all the necessary evidence to prove you have successfully moved your COL to Ireland. Do you have to apply for an EEA Family Permit for your non EU Spouse who has a Stamp 4 before leaving Ireland or can you go to the Garda get a free re entry stamp and travel to UK and be issued with a Code 1A Stamp and if so what is the best way to travel to UK, by Coach, Ferry or fly? As I've recently been told this is possible and that with that the non EU would have the same rights as with an EEA Family Permit.

Thanks in advance

[kunfayakun]

You can travel to UK without the family permit if you hold a residence card issued under "article 10 of the Directive" but when you admitted to the UK, you need to show them that you have the right of admission under EU law by showing required documents, if the boarder control officer is not satisfied with you then sometimes he may refuse your entry! So it's better if we apply for the Family permit before we go to UK.

Also currently SS route residence card process taking bit longer in Ireland and it's not that possible for you to just travel UK after living 3 months in Ireland, here people waiting for their stamp 4 letter for 3 months so this is the current situation..

[London ChYck]

Thanks for your reply kunfayakun, but my research has proved that your answer is incorrect as it clearly states within the Directive that you are not required to apply for a Family Permit before travelling to the UK as you can present you proof of you application under Surinder Singh at the border and get a Code 1A Stamp or it's replacement from an Immigration Officer. Whilst this is possible getting an airline to let you board may prove an issue because of the fear of the hefty fine they may incur so you would have to be armed with a lot of patience and copy of the Directive with the relevant section to hand to prove you are right.

https://eumovement.wordpress.com/2010/0 ... to-travel/

Also the nowhere in the Directive does it state that Stamp 4 is a requirement, it is more for COL which as been ruled unlawful and you can leave after the minimum 3 months and 1 day requirement should you so wish, if you google O vs Netherlands case law (C-456/12) you will find that what I'm saying is correct. You might also want to google Metock case law (C-127/08) and also Akrich case law (C-109/01)

There also has been at least one person who successfully done wait I was asking about.

http://www.immigrationboards.com/eea-ro ... 69701.html

So once again thank your for your response.

[secret.simon]

it is more for COL which as been ruled unlawful

Can you provide a link to the judgment which ruled the COL as illegal? My understanding is that the Commission thinks the COL is illegal and has taken the UK government to the ECJ for a definitive ruling. But the Court has not yet actually given a ruling to the effect that the COL is illegal.

As to the link that you produced, if you read the first post on that thread, it delineates quite clearly all the proof that the person produced. And I think that the proof was sufficient to satisfy the COL test. Indeed, I pointed out in that thread that the amount of detail that the OP of that thread went into shows the amount of preparation needed for documenting proof of exercising treaty rights and COL.

Also, I am not certain that even as liberal a body as the ECJ would consider exercising treaty rights for 1 day (treaty rights only start after three months of moving to another EEA country) would be sufficient for the purposes of the Surinder Singh route.

Even the O vs Netherlands judgment that you referred to talks of genuine residence in another EEA state.

[kunfayakun]

Well I think you misunderstood my point, actually I was talking about "genuine resident" who exercised their treaty rights under the Directive in another member state can travel to UK without the family permit using their residence card (Genuine residents usually holds residence card or stamp 4).

The COL means genuine residence and there is no such proof for the judgement ruled the COL is illegal!
when you arrived in to a EU member state with your EU family member, you will be normally given 3 months stamp on your passport and if you wish to stay more than 3 months in the state then you have to apply for the EU1 residence card application but you mentioned 3 months and 1 day so what would it be the immigration status in the state after 3 months you meant that 1 day ? if you don't apply to extend your stay in the state after 3 months then you will be classed illegal, when you travel to UK with this status the UK boarder officers might refuse your entry or you may face more challenges.

treaty rights only start after the three months of moving to another EEA country so obviously 1 day won't be suffice to proof.

As you asked in Ireland you can't just go to GARDA and simply get free re entry visa without the GNIB garda registration card, in case when traveling to UK without Ireland re entry visa and if they refuse your UK entry then the non EU definitely will be deported to their home country you can see this in the second link (No 15) you have produced, that person obtained Ireland re entry visa after he got his stamp 4 (GNIB card).

According to the second link that person IN 2014 had genuine residence in Ireland, on arrival at Manchester he couldn't find anyone to request a 1a code, may be he was lucky but now UK found that peoples using this as a backdoor to UK and now they do check in manchester airport and we can clearly understand that he/her fulfilled the COA (Genuine residence) by having all the sufficient proofs i.e stamp 4 which has given the right to work and live in the state to the non EU.

[London ChYck]

Thank you I will do some more research.