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Question about coming from Ireland to UK

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SAtoIE
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Question about coming from Ireland to UK

Post by SAtoIE » Mon Aug 14, 2017 2:56 pm

I hope this is in the right place. If not, my apologies.

I am a British man with a South African partner living in Ireland. My partner has an article 10 residence card with the stamp 4EUFAM on it. This allows her to live and work in Ireland for 5 years (extendable). However we want to go back to live in the UK. My question is: Will this card allow her to stay in the UK?

The immigration officer here in Ireland told us she can, but he didn't seem 100% sure himself. Can anyone help me out with this?

Thanks in advance

J

Tamandua
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Posts: 118
Joined: Sun Jul 24, 2016 10:01 pm

Re: Question about coming from Ireland to UK

Post by Tamandua » Mon Aug 14, 2017 10:32 pm

No. You are a UK citizen. You have to follow UK immigration law. However, you might be entitled to return to the UK as an EEA national who exercised treaty rights in Ireland. Your wife may be able to live in the UK with you by making a Surinder Singh application. It all depends on what you are doing in Ireland and if you transferred the centre of your life to the host country.

SAtoIE
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Joined: Thu Oct 20, 2016 9:22 am

Re: Question about coming from Ireland to UK

Post by SAtoIE » Tue Aug 15, 2017 3:21 pm

Thanks for your response. That certainly is interesting. Can she make the surinder singh application from within the UK?

Tamandua
Member
Posts: 118
Joined: Sun Jul 24, 2016 10:01 pm

Re: Question about coming from Ireland to UK

Post by Tamandua » Tue Aug 15, 2017 5:49 pm

You are very welcome.
I think she can apply from within the UK, but you should check first. Also, because you are returning to the UK as an EEA national, you have to be a 'qualified person' under EEA Regulations, i.e., you must at least provide evidence that you are looking for a job in the UK.

Bear in mind that this route is used by many UK citizens with the purpose of circumventing UK immigration law. The application will likely to be refused if you fail to provide evidence that the centre of your life was transferred to the host country.

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