Surinder Singh advice needed

[Jane20231]

My is British and she has worked in France 3 month last year September December 2016 then she went back to U.K as her sister was not feeling well, she did not apply any benefits or work in U.K.
Meanwhile I am currently working in France and will recived my resident card end of this month.i am wondering can I go back to U.K using surinder Singh.
My wife visited me once last month then she again went back to UK as her sister has critical condition.

Now I am confused becoz from last three months my wife is living in UK and I am still working in France.

Can I go to U.K with her using surinder sing route ?? how they checked the records of entry and exit from UK to France vice varsa.

[Jane20231]

Just to let you know my wife principal residency is france, rental contract is on her name and my son is register in France's school.

[Casa]

Just to let you know my wife principal residency is france, rental contract is on her name and my son is register in France's school.

If your wife has retained a residence in the UK (even if not the principle one) and is currently not living in France, she is unlikely to be able to prove that she has moved the centre of her life to another EU state.

Also 3 months employment is not likely to be sufficient.

[Jane20231]

But can they checked with her British passport the entry exit form France to U.K??

And also she is register with job center(ploe employe)and actively looking for work in France and had applied so many jobs but no luck yet.

[Casa]

It's common for airlines to provide the UK Border Authority with Advanced Passenger Information (API).

I'm not sure how you wife is claiming the equivalent of job seekers allowance in France if she is currently residing in the UK.

[Jane20231]

She is not claiming job seeker allowance she is only register with job center and actively looking for work in France

[Jane20231]

Can I enter to U.K. With my article 10 resident card??

[Casa]

You may be refused entry with your Article 10 RC at the UK border if the Immigration Officer decides that you don't qualify for entry under the Surinder Singh route.

[mkhan2525]

Three months residence is not enough as you will be judged on the lenght of residency.

The centre of life test is no longer the only determing factor whether an application will succeed. Whilst is still a relevant factor, it is now part of the wider "genuine residence" test which takes into account lenght of residency, principle residence and degree of integration.

There is also the additional circumvention test to satisfy and with short residence you would most likely be seen as wanting to circumventing UK Immigration rules.

See training slides - https://www.whatdotheyknow.com/request/ ... 6%20v1.pdf

[Jane20231]

Thanks for the advice

Can I enter to Ireland with my article 10 resident card and also my wife will exercise treaty rights in Ireland
Basically I am struggling from last 9months to find a It jobs in France.

[mkhan2525]

Speaking from experience there are plenty of IT jobs in Ireland and you have a very good chance of finding work in this field if you live in Dublin or Cork.

You can use your residence card to enter Ireland however as Casa stated Airlines share info and if your wife has been away from France for more than six months you have no right to remain in France and your residence card is no longer valid. You could try getting to Ireland using your residence card, they can't technically refuse you entry if you are travelling with your wife and you have a marriage certificate to prove your relationship.

I'm not sure on your timeline in France but if you apply for a UK family permit based on your residency, there is no reason to suggest your application wouldn't succeed on an appeal if you are refused providing you can prove you lived together for three months and your wife exercised treaty rights for the same period of time. It would mean spending more time in France pursing an appeal if you are refused.

Under the correct interpretation of EU law, three months residence exercising treaty rights is sufficient (pursuant to O&B case law) in order to trigger the right of return under Surinder Singh.

[Jane20231]

Thanks mkhan for your advice
Please could you tell me if I go to Ireland and then move to uk from Ireland, am I eligible to apply for uk resident card base on face that my wife lived/worked with me in France previously 3 months.
(Surinder Singh application)
I have her bank statement, tenancy contract and her payslip.

[CR001]

Please could you tell me if I go to Ireland and then move to uk from Ireland, am I eligible to apply for uk resident card base on face that my wife lived/worked with me in France previously 3 months.
(Surinder Singh application)

Is your wife planning to go to Ireland with you and exercise treaty rights again??

[Jane20231]

I am so confused I don't know what to do,
I am computer engineer and has not found a job france because of French language

If I just used Ireland to enter uk and then apply for resident card UK and what happen if the refused uk resident card.

Thanks

[Jane20231]

ANd if my used her treaty rights in Ireland can she rely on job seekers , or she has to be self employed /worked /self sufficient ??

And also can I start work straight away in Ireland by using article 10 resident card or do I have to get tempary stamp ???

Please advice

[CR001]

If I just used Ireland to enter uk and then apply for resident card UK and what happen if the refused uk resident card.

No you can't. UK and Ireland share immigration data. You appear to be clearly trying to find a way to avoid the UK immigration route. Your rights in ANY of the EU states is wholly dependent on your spouse being WITH you and being a qualified person in the state.

Suggest look into a Tier 2 General visa if you are that highly skilled and can find a sponsor.

[Jane20231]

So what do you suggest should I stay in France another months and then go to UK via Ireland ???

My will accompany me.

Thanks

[CR001]

She will still need to be a qualified person in Ireland, for at least 6 months.

If you stay in France, your wife MUST be with you.

[Jane20231]

When you say qualified person ? What does that mean

Thanks

[CR001]

When you say qualified person ? What does that mean

Thanks

Exercising treaty rights, being either self sufficient or employed etc.

[Jane20231]

Why she has to exercise her treaty rights in Ireland and why can't I enter in to uk with my article 10 resident card ???

[CR001]

Why she has to exercise her treaty rights in Ireland and why can't I enter in to uk with my article 10 resident card ???

Because YOU want to get to the UK using the Surinder Singh route. It has been messed up by her leaving France so you will have to start again.

The HO requirements also changed in November and now she has to prove that she is exercising treaty rights in the UK and working.

[Jane20231]

So can she start working in uk and then I enter via Ireland would that be ok

Or she has to work in France again then go back to UK an start looking for work

Please advice as I am so confused what to do

[Jane20231]

She has to be qualified person in UK as well ?

[CR001]

She has left the EU state for more than 3 months leaving you behind. To use Surinder Singh route, you will likely have to start again now, with wife living in the EU state with you.

You seem to be missing the point of Surinder Singh and the recent changes completely.

Yes to use the Surinder route back to the UK, she has to be a qualified person in the UK too.