Surinder Singh route back to Ireland

[Naija]

Hi everyone.
I am an Irish national and was exercising my eu treaty rights as worker since december last year in UK.My husband,a nigerian national has normal 5 year residence card,but we are going back to Ireland very soon.So i wanted to know what conditions do i need to fulfill when back in Dublin.Irish immigration will issue my husband stamp 4,but i wanna know what conditions do i need to fulfill?Do i have to continue working there or even if i use some benefits before finding work,is that ok?Do they have to issue him stamp 4 for 5 years or for how long?Which law covers that?As with surinder singh,i cant find answers for my questions.This would be just normal stamp 4,not eufam one.Thanks to this forum and its members,I was able to get EEA family permit and residence card very quickly,so im hoping ill get some answers here.

Thanks.

[EUsmileWEallsmile]

Your post would be better served in the Ireland section.

[EUsmileWEallsmile]

If you read through this thread, there is a section on Singh. It pertains to the UK, but should be relevant to you.

http://www.immigrationboards.com/viewtopic.php?t=114867

[Naija]

Thanks a lot. I appreciate it.

[Brigid from Ireland]

You have proof that you worked in the UK.

Once you move back to Ireland you need a job, so that you become an EU migrant worker in Ireland (having migrated from the UK to Ireland). Then you are both fine and can both live in Ireland as a migrant worker may have their spouse join them.

Regarding benefits/social welfare assistance - you can apply for both. So if you got irregular work you can apply for any 'top up' that is available to you. One day of work (you need a payslip as proof) transfers your rights to social welfare benefits (these are the non means tested stuff) from the UK to Ireland. So if you meet the benefits condition based either on work in Ireland or in the Uk or a combination then you get non means tested benefits (so long as there is one day of work in Ireland first).

You can also apply for means tested and habitual residence tested assistance. You were habitually resident when you lived in Ireland previously, so you simply say you have returned home and bingo - you are habitually resident. Once you are habitually resident and he has legal stamp giving right to reside he is habitually resident also. So he can apply for jobseekers assistance and he will get it if he passes the means test. You can also apply for means tested social welfare - neither of you should have a habitual residence problem.

So long as you continue to work (even part time) his residence is fine and he/you can both draw means tested assistance, if you pass the conditions.

[chaoclive]

I also have a question like the OP.

I'm also considering exercising treaty rights in the UK as an Irish citizen and then returning to Ireland. How would my civil partner be viewed after my return? Is he 'the spouse of an EEA national' (and therefore has to wait 5 years for naturalization) or is he 'the spouse of an Irish national' (with naturalization after 3 years').

This will affect where I work in the UK. As Northern Ireland is also covered in the laws for the naturalization of the spouse of an Irish citizen, if I were to work only in Northern Ireland for 3 years, would he be eligible for Irish citizenship (assuming that the other criteria are met) even though I am being viewed as an EU 'migrant' worker by exercising my rights in the UK?

It's a little confusing. I have emails in with the EUTR section and citizenship sections in INIS, but haven't received answers to them!

Thanks
Chaoclive

PS: Some of you will note that I seem to have lots of 'personas' on this forum. I am, in fact, a dual British/Irish (or Irish/British) national from Northern Ireland who is trying to find the best way of being with my civil partner before making final decisions. Hope no-one will try to call me out as to having posted such different questions. The issue is that I'm really not sure which is the best option to take!

[chaoclive]

Hi

Anyone got any idea about whether the partner an Irish citizen who has worked in the UK and returned to Ireland would be able to avail of naturalization in 3 years (as allowed for under Irish law) or would they have to wait 5 years (as with other non-EEA nationals applying for entry under Surinder Singh)?

[Brigid from Ireland]

Three years.

[chaoclive]

Super thanks Bridget. I was worried that as an "EU migrant worker", he would have to wait for 5 years, the same as the partners of other EU citizens.

It would be great if he could qualify for Citizenship/PR in 3 years instead!

Cheers
CC