Does the UK Appendix EU apply in Ireland?

[joolze]

An Irish citizen friend currently exercising treaty rights in the UK -and has been for over three years - is looking to return home and would wish to take advantage of the Surinder Singh route to bring her spouse -who wasn't exercising treaty rights in the UK with him - to Ireland.

Question is, does the Appendix EU, UK regulations that "the family member of the British citizen was a family member during all or part of their joint residence in the EEA State" also apply in Ireland?

Many thanks

[shpirtshqipe]

Exactly what type of visa is the spouse currently in the UK?
You seem to suggest they are married and yet the spouse isn’t exercising the Treaty Rights?

[joolze]

Spouse is currently not in the EU

[shpirtshqipe]

Ok. Thanks for the clarification. Your original post was not clear

The freedom of movement does not apply to your Irish friend since he’s a EU Citizen. Freedom of movement applies to Immediate or Extended family members of EU Citizens.

In my view your friend has 3 options

Get his spouse to the UK ASAP and apply for the treaty right during the now 1 year transitional period of UK-EU agreement (other members here may advise further)

Your Irish friend returns to Ireland and applies for a spouse of Irish citizen visa route

Your Irish friend moves to another EU Country, gets his spouse there and applies for the EUFAM visa


The Surinder Singh route applies if your spouse was already in possession of a EU residence card in the UK living with you. After which period you and your spouse would be able to then return to Ireland and transfer the residence permit over here. Because the spouse isn’t in the UK you won’t be able to use the SS route


All the best

[Obie]

Well that maybe the Irish interpretation of Surinder Singh, but it is not correct. The difficulties is that it is not in Irish law.

If both spouse resided in another member state and the Irish national exercise Treaty rights in the UK, then irrespective of whether they hold a residence card or not. Surinder singh is applicable.