Surinder Singh route

[nawab185]

Hello everyone

I really need help on ss route, I'm non-EEA and my wife she is British citizen we moved in Ireland in 4th April 2016 and got 5 years permanent residence card from Ireland in 10th march 2017. now I'm in london from last week 27th march with my wife we travel from ferry because I had to bring me car back from Ireland.
I meet with few lawyers in london and some they saying I should apply inside uk ss route as we are in uk now and my wife is about to start a job in london in may 2017 next month.

But 1 solicitor told me I should go back in Ireland and apply for RC from there and come I still can do from uk but its good if I get 6 month RC from Ireland so ill be eligible to work in London.
I'm just worried there if they refused then what will happened ? can I still come to uk with refusal and apply from uk ss route as my wife will be there.
a bit info about Ireland my wife was working in Ireland for 10 months and I was working for 4 moths and we got all paper work payslips and bank statements. currently she is on holidays from work in Ireland and myself becoz she was trying to find job in london.

what you guys suggest should I just stay in london and apply from here ss route or should I go back to Ireland and apply from there.

thanks in advance for all your advice

[Jane20231]

Hi nawab just wondering how easy is to get a job in Ireland Dublin(any ordinary job)??? And accommodations as well ???

Please guide as I will be coming to Ireland soon

[CR001]

Hi nawab just wondering how easy is to get a job in Ireland Dublin(any ordinary job)??? And accommodations as well ???

Please guide as I will be coming to Ireland soon

This is NOT the sub forum to ask questions about Ireland, post in the Ireland sub forum if you have questions or continue in your existing topic you already have.

Members are also NOT permitted to name ANY companies, solicitors or agents on the forum.

[shpirtshqipe]

You are taking HUGE risks there in what you are doing. Looking at your dates there isn't much gap between the approval of the 5 year card and your move to the UK. This fact alone makes it extremely obvious that you've used the SS Route therefore the UBKA use this as a reason to refuse your application

If your application is refused by the UKBA then any consequent applications made thereafter (inside or outside the UK) is likely to be refused on the same basis

I've not had first hand experience of this however with the Brexit situation I would not be surprised if they've not tightened the rules even more.

[nawab185]

You are taking HUGE risks there in what you are doing. Looking at your dates there isn't much gap between the approval of the 5 year card and your move to the UK. This fact alone makes it extremely obvious that you've used the SS Route therefore the UBKA use this as a reason to refuse your application

If your application is refused by the UKBA then any consequent applications made thereafter (inside or outside the UK) is likely to be refused on the same basis

I've not had first hand experience of this however with the Brexit situation I would not be surprised if they've not tightened the rules even more.

I heard exercising treaty rights more than 3 month but we been in Ireland for a year.
how long do you think we should wait before applying for it ?
have you applied for FP?
thanks

[malik0543]

Hi

i think you need to spend at least one year in Ireland before moving to UK,

also make sure you have main residence in Ireland , now a days they are checking UKBA record, HMRC and Ryainair ( travel history).

there is no difference if you apply in the UK or get family permit from Ireland they normally grant residence card in the UK after 6 months, they only want to see you job/employment in Ireland and length of residence in Ireland

the main question is , if you apply for residence card in the UK without getting family permit from Ireland .... after getting 5 year residence card..... then permanent residence card ..... when you will apply for naturalization, will you have to wait for 10 years and you enter in the UK without family permit ?

as applicant is entering in the UK without any legal permit or visa ?

[nawab185]

Hi

i think you need to spend at least one year in Ireland before moving to UK,

also make sure you have main residence in Ireland , now a days they are checking UKBA record, HMRC and Ryainair ( travel history).

there is no difference if you apply in the UK or get family permit from Ireland they normally grant residence card in the UK after 6 months, they only want to see you job/employment in Ireland and length of residence in Ireland

I have spend 1 year in ireland and return on getting my 5 years stamp do you think I should have spend more time?

the main question is , if you apply for residence card in the UK without getting family permit from Ireland .... after getting 5 year residence card..... then permanent residence card ..... when you will apply for naturalization, will you have to wait for 10 years and you enter in the UK without family permit ?

as applicant is entering in the UK without any legal permit or visa ?

I didn't understand the last question could you please tell me what you mean by that
thanks

[mkhan2525]

the main question is , if you apply for residence card in the UK without getting family permit from Ireland .... after getting 5 year residence card..... then permanent residence card ..... when you will apply for naturalization, will you have to wait for 10 years and you enter in the UK without family permit ?

as applicant is entering in the UK without any legal permit or visa ?

Entering the UK without a family permit or a valid residence card from another member state should not affect your application for naturalisation on good character grounds as long as the conditions of residence in O&B Netherlands has been met. This is due to the fact that Surinder Singh carries with it a right of return under EU law.

The only time a 10 year ban on naturalisation may apply to a given case is if there has been a history of previous overstay or illegal entry in the UK under the domestic Immigration route. One purpose of the circumvention test introduced in the new regulations is to record information on visa refusals in order to refuse any future naturalisation application.

On a side note, it is now highly advisable to obtain a UK family permit or an Article 10 residence card from the member state you resided in before returning to the UK. You will not be able to appeal under the new regulations if you fail to meet one or both of these requirements and an application for a residence card is refused for a reason that can't be corrected through a new application.

[nawab185]

hi. mkhan2525

I thought right of appeal is still there for direct family members. only right of appeal is not given to EFM
is I'm not wrong?
have you had submitted any application before under this route?
I have had history with uk immigration in the past as they refused my application thats why I went to ireland as we never had any other option.

thanks

[mkhan2525]

There is still a right of appeal for direct family members however it is limited to meeting the criteria under the EEA Regulations 2016.

See paragraph 2 of out of country appeals - http://www.eearegulations.co.uk/Regs201 ... ulation_37

[nawab185]

Hi
THANKS mkhan2525

[nawab185]

anyone here to help please

[nawab185]

Hi everyone,
I have got 5 years stamp in march 2017
Ready to apply FP for uk. But before i apply I want to find out if i really need FP or i can just enter in the uk without one and then sumbit application there.
My wife is British citizen and we been living there for more than a year, me and my wife working and she is leaving her job next week.
She have got job offer letter from Uk which she is going to start next month in may.
What everyone suggest ?
Thanks

[secret.simon]

When you talk of a five year stamp, do you mean a Residence Card or a Permanent residence Card?

Where are you currently located? How long has your wife lived in that state and how long has she worked there?

[CR001]

Topics merged. Kindly keep ALL your questions in a single topic rather than start new ones.