Need help with SS route

[Danny65]

Apologise to all the moderators if im posting this topic in the wrong category because i am a little confused
I have just been granted 5years residency card in ireland as my spouse is exercising her treaty rights here as self employed. We want to move to England now. My spouse is british and we want to do SS route back. Do i need to apply for EEA family permit first or can i travel with my spouse without it and what is the procedure to get RC there. Any kind of help would be apppreciated. Thanks

[noajthan]

Apologise to all the moderators if im posting this topic in the wrong category because i am a little confused
I have just been granted 5years residency card in ireland as my spouse is exercising her treaty rights here as self employed. We want to move to England now. My spouse is british and we want to do SS route back. Do i need to apply for EEA family permit first or can i travel with my spouse without it and what is the procedure to get RC there. Any kind of help would be apppreciated. Thanks

Your post seems fine to me.

How long have you lived in the Emerald Isle?
How far have you & sponsor/spouse integrated?

You don't have to get a FP to enter UK
If you want to, see here:
https://www.gov.uk/family-permit/surinder-singh

For UK RC, as soon as your sponsor is exercising treaty rights in UK you can shoot for your optional RC:
https://www.gov.uk/apply-for-a-uk-resid ... ligibility

Make sure your documentary supporting evidence regarding centre of life is rock solid (if not unimpeachable).
Good luck.

[noajthan]

fyi - the following HO guidance may enable you to get into the head of the caseworker weighing up and assessing your case:
https://www.gov.uk/government/uploads/s ... dacted.pdf

More on SS here:
http://www.google.co.uk/url?sa=t&rct=j& ... 9t3aBGaV9w

[Danny65]

Hey noajthan
Thanks for your help i appreciate it.
We have been living in ireland for more than a year. We have the following documents to prove our centre of life in ireland,
Tenenacy aggrement
Bank accounts
Electric bills
Water bills
Business receipts
Business regestration cetificate
Tax registration certificate
Bank statements for almost 10months
Library cards
Hospital bills
PPSN (both of us)
We are gonna be travelling to UK in next couple of weeks. So if my spouse gets a jobs there can we apply for RC staright away and close all the bank accounts and business down in ireland?

[noajthan]

Hey noajthan
Thanks for your help i appreciate it.
We have been living in ireland for more than a year. We have the following documents to prove our centre of life in ireland,
...
...

We are gonna be travelling to UK in next couple of weeks. So if my spouse gets a jobs there can we apply for RC staright away and close all the bank accounts and business down in ireland?

Sounds great.

How about papers & documents from the business: invoices, contracts, estimates, business insurance, accounts, tax returns, VAT documents/returns, business cards, flyers/promotional material, any website & etc.

Do you have a house in UK? If so what happened to it whilst you were in Ireland?
Do you have any other immediate family members? were they with you in Ireland (or else where have they been)?

Suggest read up on the UK's somewhat controversial MET test as that may be applied by HO to determine if your spouse is accepted as having been a self-employed qualified person whilst in Ireland.

[Casa]

What has been the level of your wife's self-employment earnings?

Edit: once again Noajthan has been quicker off the mark with his reference to the MET test.

[Danny65]

Noajthan
We have most of them things like tax return,invoice,business cards,flyers but no website.
Casa
Shes worked here for almost 10months and earn arround €10000 and we have bank statements to prove that. Noajthan We dont have a house in UK, but we have family there we are thinking of moving in with them would that be okey or shall we get our own place and whats this MET test Never heard of that before?

[noajthan]

Noajthan
We have most of them things like tax return,invoice,business cards,flyers but no website.
Casa
Shes worked here for almost 10months and earn arround €10000 and we have bank statements to prove that. Noajthan We dont have a house in UK, but we have family there we are thinking of moving in with them would that be okey or shall we get our own place and whats this MET test Never heard of that before?

If you had had a house from before, just wondered what had happened to it whilst you've been away.
Your plan to move in with extended family sounds perfectly fine.

Background on MET:
https://www.freemovement.org.uk/using-m ... ne-worker/

[Danny65]

Even before we moved to ireland we were living with our family and never had our name on aggrement or any bill. You have been great help noajthan just one more question i need to shut down our business and bank account here and need to give this house back which we rented out. Do you reckon i should wait yet or can i do that? Will moving back to england effect my residency card in ireland if my EEA2 application is unsuccessful in england?

[noajthan]

Even before we moved to ireland we were living with our family and never had our name on aggrement or any bill. You have been great help noajthan just one more question i need to shut down our business and bank account here and need to give this house back which we rented out. Do you reckon i should wait yet or can i do that? Will moving back to england effect my residency card in ireland if my EEA2 application is unsuccessful in england?

Always good to have an exit or backup plan.

if you can keep things ticking over in Ireland it may be prudent to do so, just in case HO plays hard ball when you get back to UK.
Ofcourse it may not be practical to keep the house but if the business can simply be put on ice for a while then at least you have something to fall back on.

If/when it turns out you don't need it maybe you could sell it on as a going concern - possibly to a fellow SS-er!

Your Irish RC should be good for 6 months as continuity of residence in a member-state is not broken by normal absences of up to 6 months (in a 12 month period).
Viva free movement!

[Danny65]

Noajthan you are a star. Appreciate your help i think for now im just gonna leave things as it is and even keep the house for a month or so just to make sure i have everything covered. Again thank you for ur help