Uk citizen moving to ireland with non eu spouse

[ElenaW]

Hey everyone,

Basically I'm very confused about this whole free eu movement thing. So I just wanted to know if anyone can explain to me how the process works.

Right now I'm in England with my husband. I was here for one year on a student visa. I'm an american citizen and he's a uk citizen. Due to the current economic climate, I no longer have the money to pay for the high international fees. I'm also under 21 so I can't apply for a uk spouse visa. So we were wondering if we can move to Ireland for about 6 months.

I've been told that we can both literally show up to the point of entry and they will let us through if we have our passports and marriage certificate. This sounds too easy for me. Can anyone clarify this up for me?

Also, what would we both have to do to use the surinder singh route and eventually return to england?

I've been told that we both must get jobs and work for 6 months then we are able to return to england. Is this true?

What forms must I apply for when I'm in Ireland?

I've looked around the forum but I honestly don't understand how the surinder singh route works.

Thanks for bearing with me, your simplification is greatly appreciated:)

[Ben]

I've been told that we can both literally show up to the point of entry and they will let us through if we have our passports and marriage certificate. This sounds too easy for me. Can anyone clarify this up for me?

Yes, this is correct.

Also, what would we both have to do to use the surinder singh route and eventually return to england?

I've been told that we both must get jobs and work for 6 months then we are able to return to england. Is this true?

The UK national must engage in economic activity in another Member State. Put simply, he needs to get a job or open a business in Ireland, for at least 6 months (according to the UK's interpretion), then return to the UK, with you, where he will be treated as an EEA national and you will be treated as the family member of an EEA national - if he continues to engage in economic activity upon his return to the UK.

What forms must I apply for when I'm in Ireland?

Form EU1.

[ElenaW]

thanks a million for your help benifa

[Ben]

Pleasure.

[Directive/2004/38/EC]

The EU family member needs to work. The non-EU family member is not required to have worked for a Singh entry.

You might also find you enjoy living in Ireland and have no desire to go back to the UK after 6 months.

[ElenaW]

Directive,

Thanks for the info. I completely agree with you, we may stay in Ireland. I've heard some pretty good things about it and have always wanted to atleast visit

[ElenaW]

Hey guys,

sorry to resurrect this topic again but I just have one more question. If we were to return to the UK after 6 months, how would we do that? I've read that the UK doesn't accept Residence cards issued elsewhere so how do we even enter the uk? Would I have to apply from ireland to the UK embassy to get an RC?

thanks everyone for being so helpful. I'm really greatful.

[Directive/2004/38/EC]

The Residence Card is only issued once you are living in a place and the EU citizen is working.

To enter the UK, the official way is to get an EEA family permit (a kind of entry visa) from the UK embassy in Dublin.

You could alternatively carry your marriage certificate and proof that the UK citizen has been working in Ireland, and just fly to Heathrow. You then need to be very explicit with the border guard that you are entering on the basis of EU law.

Either way it is free and should be easy. Applying through Dublin is the least stress and you will then have document in your passport (the EEA family permit) which you can then use for applying immediately for work.

[ElenaW]

Directive,

you are so awesome! thanks a ton for your help!!!

[Directive/2004/38/EC]

Note that I would suggest that in most cases it is better to apply for the EEA family permit so that you have the European documentation trail.

You can also apply for it before visits to the UK. You do not need to wait until you want to move back.

[allpeopleunite]

In the section regarding British citizens as EEA citizens and getting the family permit by that route, it says:

«However if a British citizen is living in another EEA country, their non-EEA family members can apply for an EEA family permit to join them on their return to the UK. This is subject to the following conditions:

* the British citizen is residing in an EEA Member State as a worker or self-employed person or was doing so before returning to the UK; and
* if the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or they entered into the marriage or civil partnership and were living together in that EEA country before returning to the UK.»

Does that mean that getting married in the UK first and then migrating to Ireland for six months is not acceptable

[meats]

In the section regarding British citizens as EEA citizens and getting the family permit by that route, it says:

«However if a British citizen is living in another EEA country, their non-EEA family members can apply for an EEA family permit to join them on their return to the UK. This is subject to the following conditions:

* the British citizen is residing in an EEA Member State as a worker or self-employed person or was doing so before returning to the UK; and
* if the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or they entered into the marriage or civil partnership and were living together in that EEA country before returning to the UK.»

Does that mean that getting married in the UK first and then migrating to Ireland for six months is not acceptable

If you are in Ireland for 6 months and either working, studying or job seeking then you are considered as an EEA national as a British citizen. So i would say that it is acceptable.

[Obie]

Does that mean that getting married in the UK first and then migrating to Ireland for six months is not acceptable

It is certainly acceptable. What the law is seeking to prevent, is a situation whereby the spouse of a British national seeks residency under EU law, when he/she has never moved with his/her partner to another member state, or the marriage/civil partnership was contracted after the British Partner has returned from the state he/she was exercising a treaty rights in.

With Singh rule, it is vital that the British National was exercising treaty rights in an economic capacity, ie Self Employed or Employed, prior to returning to the UK, or else the non-EEA national will not qualify.

[Ben]

In the section regarding British citizens as EEA citizens and getting the family permit by that route, it says:

«However if a British citizen is living in another EEA country, their non-EEA family members can apply for an EEA family permit to join them on their return to the UK. This is subject to the following conditions:

* the British citizen is residing in an EEA Member State as a worker or self-employed person or was doing so before returning to the UK; and
* if the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or they entered into the marriage or civil partnership and were living together in that EEA country before returning to the UK.»

Does that mean that getting married in the UK first and then migrating to Ireland for six months is not acceptable

If you are in Ireland for 6 months and either working, studying or job seeking then you are considered as an EEA national as a British citizen. So i would say that it is acceptable.

No.

Read the text in that which you quoted.

[Directive/2004/38/EC]

The short answer is that it makes no difference where the couple married.

It does matter that the EU citizen has worked in another EU country.

It is likely a lot easier if the couple have both lived in the other Eu country. That said, it might be possible to construct a situation which is covered under Singh but where the couple did not live together while exercising their economic treaty rights...

[Obie]

That said, it might be possible to construct a situation which is covered under Singh but where the couple did not live together while exercising their economic treaty rights...

It would be interesting to see that.