Surinder Singh route/ FP

[nawab185]

Hi everyone
my wife is British citizen and I'm non EEA national.
i have temp stamp 4 which is expiring in march 2017 my due date was 20th Dec 2016 but not response yet.
i just wanted to know if i can apply for FP OR use surinder singh route on based of temp stamp 4?
FP AND SURINDER SIGNH is it same thing ?
i guess i have all the proof what ukba ask for.
like my wife moved her centre of life in EEA member of state.
working in EEA state.
relation with non EEA we got marriage cert which i got it from uk anyway 4 years ago.
also I'm working there too.
would that be enough or more to be added into this?
thanks

[zahmed05]

You can either apply for FP or move back to UK and apply for RC.

I believe you're living for more than 6 months in the ROI so applying for FP shouldn't be an issue. If you got solid paper work then you may get it. If not, then you have nothing to lose

I believe this will not impact your case in ROI but moderators can confirm this.

Best of luck!! Try to get FP or move back to UK before end of March.

[nawab185]

Hi
when you say move back to UK * how can i move back to the uk * with out any visa ?
applying for FP how long would it take and what documents i need ?
thanks

[nawab185]

You can either apply for FP or move back to UK and apply for RC.

I believe you're living for more than 6 months in the ROI so applying for FP shouldn't be an issue. If you got solid paper work then you may get it. If not, then you have nothing to lose

I believe this will not impact your case in ROI but moderators can confirm this.

Best of luck!! Try to get FP or move back to UK before end of March.

Hi
when you say move back to UK * how can i move back to the uk * with out any visa ?
applying for FP how long would it take and what documents i need ?
thanks

[zahmed05]

The EEA dependents can move back to UK without a visa and apply for RC directly but it's not the safest route. It's possible legally but UK plays the hard ball.

For FP, I guess time is around 15-30 days and you will need to provide water tight documentation for residency, wife's economical activity etc. It will be pretty much same documentation you sent to INIS.

I suggest start here https://www.gov.uk/family-permit/docume ... st-provide

[nawab185]

The EEA dependents can move back to UK without a visa and apply for RC directly but it's not the safest route. It's possible legally but UK plays the hard ball.

For FP, I guess time is around 15-30 days and you will need to provide water tight documentation for residency, wife's economical activity etc. It will be pretty much same documentation you sent to INIS.

I suggest start here https://www.gov.uk/family-permit/docume ... st-provide

my wife documents from the uk or the Ireland as she is been working in ireland since we are here and she got all the payslips and i do as well.
if you don't mind me asking did you apply for FP ?
thanks

[noajthan]

Hi
when you say move back to UK * how can i move back to the uk * with out any visa ?
applying for FP how long would it take and what documents i need ?
thanks

Because EU free movement does not depend on visas.
That's the point!
And its supported by case law, eg MRAX case.

[nawab185]

Hi
when you say move back to UK * how can i move back to the uk * with out any visa ?
applying for FP how long would it take and what documents i need ?
thanks

Because EU free movement does not depend on visas.
That's the point!
And its supported by case law, eg MRAX case.

Hi
you mean i can travel on temp stamp 4 to Uk with my wife and then apply for RC.
im bit confuse here as i don't know the law e.g. MRAX case.

[zahmed05]

my wife documents from the uk or the Ireland as she is been working in ireland since we are here and she got all the payslips and i do as well.
if you don't mind me asking did you apply for FP ?
thanks

The documents from the Ireland. If she owns a house in the UK then a rental agreement for that house will be required as well to show that she isn't maintaining the UK house.

Hi
you mean i can travel on temp stamp 4 to Uk with my wife and then apply for RC.
im bit confuse here as i don't know the law e.g. MRAX case.

Yes, you can risk travelling on stamp 4. You'll need all the Ireland work and relationship documents if you're stopped on Border. You'll be given stamp 1A from UK in that case. If no one is present on the border then you can go straight to your home and apply for RC with Ireland's documents. The risk is that you may not be given permission to work until your application is decided. FP is safe route and you can work on that once back in the UK. The downside is that it can take 2-3 unsuccessful attempts before FP is issued to you.

I didn't apply for FP and still working in Ireland.