How important is Irish Residence Card for UK Surinder Singh?

[LS67]

I'm pursuing UK residency via Ireland/Surinder Singh. I'm a non-EEA spouse of a UKC.

In all the SS guides I've read, they all recommend that the non-EEA spouse apply for a resident card in the country the EEA national is exercising treaty rights.

In the context of a successful UK FP & EEA2 application - how important is it really?

I don't understand why its important, as long as you can prove a genuine marriage & that the EEA national is exercising treaty rights abroad.

Since Ireland seems to be taking the full 6 months from the time of application submission to issue the RC's, this would preclude you from applying for FP/EEA2 with only 3-4 months abroad (even if you have all your bases covered on other SS criteria).

Curious what guru's think about this, and/or if anyone had a successful UK EEA2 without a resident card in the other EEA state...

BTW- when I registered with GNIB, they gave me a card & stamped my passport valid for 6 months (I had no entry stamp- no immigration control upon ferry arrival). They told me life would be easier (for my own employment) if I submitted the EU1 app and got the RC - but that I didn't need to. I could just come in and re-register with GNIB as long as my wife was continuing to exercise her treaty rights (and on that front - they just took our word for it: they didn't ask to see any proof about wife's self-employment).

[Jellybean105]

Hi LS67

My husband and I have done exactly the same thing. We came to Ireland without a stamp for my husband and we went to GNIB, but I'm not sure what they understood because an officer was called and all he did was give us a big lecture and accused my husband of illegally entering Ireland.
In the end, I stood my ground and I told him that I'm, exercising my EU treaty rights in Ireland and all he said was apply via EU1 form.
I guess you got a nice officer!

The fact that they didnt give him a stamp at the time had no affect really. We later got all our docs back after one month and a letter to get the temp stamp 4. So now he also has a GNIB card and 6 months stamp in his passport.

We are also waiting for his resident card so we can move back to the UK as well. I was told from someone on this forum that its not necessary that you get the resident card as long as you have sufficient proof of residency.
I would think that the resident card is just more solid proof, and usually they recommend you be in that country for 6 months so if you are there for that long, might as well get it.

We have already applied for a UK family permit and if we get that, I'm assuming that we have already fulfilled the requirements needed for a UK resident card.

I'd like to know if anyone has the answer to this too!

[Jambo]

It is always worth checking the FAQ.

See Q2 in EEA FAQs - Common Questions - Read before posting - Surinder Singh.

[Jellybean105]

Thank you for that Jambo.

But has anyone actually experienced getting a UK resident card with evidence of less than 6 months and without a resident card?

[LS67]

It is always worth checking the FAQ.

See Q2 in EEA FAQs - Common Questions - Read before posting - Surinder Singh.

Hi Jambo-

Yes- I did read that. It implies the only reason for the RC is an extra bit of "proof of residence". If its for no other reason than that, seems like overkill. All the stuff you have to compile anyway, like joint bank accts, joint utility bills, joint rental agreements, register with Revenue (we are self-employed), PPSNs - I'd think would adequately prove I am with Spouse in Ireland. Also have the GNIB reg & passport stamp, plus ferry records.

[LS67]

Thank you for that Jambo.

But has anyone actually experienced getting a UK resident card with evidence of less than 6 months and without a resident card?

I've seen posts from successful people who did it in 3 months (on a separate forum) - but don't know specifically if they got their RC or not. I've assumed not, since it seems unlikely they could have gotten the RC that fast...

BTW- both of our GNIB encounters were very pleasant. Both getting my reg card initially, as well as when I had to go back in for a change of address (different town/officer). They were professional- but we ended up chatting about a range of things. Where to golf, quality of local schools, restaurant tips, their last trip to America - etc. These were small towns in Co Cork. Made us feel welcome to be coming to Ireland.

[Jellybean105]

Oh I see. Thats probably why. We went to the main INIS office in Dublin. It seems like the Garda in co cork are more educated!
When did you arrive in Ireland? I'm also self employed and we have been trying to find a place to rent. We have been at a friends house and haven't paid rent so haven't got any bills etc

We have found a place in limerick, so hopefully will be able to send those docs in for the RC.

Btw someone did get a RC in 5 weeks! Its on the ireland forum.

Let me know what you decide!

[Jellybean105]

Hi ls67

Did you figure out whether its necessary to stay until you get a resident card? We are now thinking of moving back earlier and my husband wouldn't have got his resident card by then.

Are you planning on not getting the card? Have you read any recent success stories?

[askmeplz82]

Hi ls67

Did you figure out whether its necessary to stay until you get a resident card? We are now thinking of moving back earlier and my husband wouldn't have got his resident card by then.

Are you planning on not getting the card? Have you read any recent success stories?

well good for your EEA2 application. Home office will scrutinise your EEA2 application and will go more deep to find a reason not to issue your NON EU family member resident card, they are even asking nowadays to come for an interview

So, with a resident card in Ireland it will help you a lot and it may take very short time for them to make a decision if you do apply for EEA2 in the UK

[Jellybean105]

We applied and successfully got a UK family permit without a resident card. Wouldn't the same documents satisfy the EEA2 application requirements? And EEA2 is just a confirmation so why would they not issue it. We would be applying under the surrinder singh route.

[askmeplz82]

We applied and successfully got a UK family permit without a resident card. Wouldn't the same documents satisfy the EEA2 application requirements? And EEA2 is just a confirmation so why would they not issue it. We would be applying under the surrinder singh route.

I am not saying they won't issue RC just it may take longer. and if you lived longer in Ireland then it's good for you

The regulations themselves do not specify a minimum period but 6 months is still seen as the general “rule of thumb”.

Most applications they processed have been where the British citizen has exercised Treaty Rights for 6 months. There have been cases where 3 or 4 months have worked but still recommend 6 months.


UK nationals who return to the UK after exercising free movement rights as a worker or self-employed person in another EEA state are not required to be a worker or self-employed person on their return to the UK in order for their family members who resided with them in the host member state to enjoy a right of residence.

This means family members of UK nationals who qualify under Regulation 9 would be treated in the same way as if they were an EEA national who had acquired permanent residence in the UK.

but if the family member is married to an EU national who is not a UK citizen he/she need to show exercise treaty right in the UK

[gismanchester]

Hi

just want to know, that these rules same applies on dependant parents as well or not ?

thanks

[Jellybean105]

Thanks askmeplz82

I have been self employed in Ireland since Feb 2013 so it has already been 6 months for me, but my husband came in August. So its only been 3 months for him.
I'm just worried about the proof we need for residency, as we are not renting. We have a letter from the homeowner for permission to stay. We have just opened a joint bank account so we would only have one or 2 statements.

Other then that, he has a temp stamp 4 valid until feb 2014.

[Directive/2004/38/EC]

Thanks askmeplz82

I have been self employed in Ireland since Feb 2013 so it has already been 6 months for me, but my husband came in August. So its only been 3 months for him.
I'm just worried about the proof we need for residency, as we are not renting. We have a letter from the homeowner for permission to stay. We have just opened a joint bank account so we would only have one or 2 statements.

Other then that, he has a temp stamp 4 valid until feb 2014.

Nothing to worry about except that the EU citizen has been working.

[Jellybean105]

Thanks Directive/2004/38/EC, I know thats the case in theory but do they actually go by that? You know how it is in the UK, strictly 'by the book'. So if I don't have proof of residency then they say I'm not ticking all the boxes.

How long does it take to get a UK resident card under the surrinder route?

[Directive/2004/38/EC]

Thanks Directive/2004/38/EC, I know thats the case in theory but do they actually go by that? You know how it is in the UK, strictly 'by the book'. So if I don't have proof of residency then they say I'm not ticking all the boxes.

How long does it take to get a UK resident card under the surrinder route?

Residence Cards in the UK are optional.

RCs in any member state can take at most 6 months to issue. UK and Ireland both take 6 months.

[abbasi11]

I am British national .worked in Ireland for 5 month.starting 3 Nov2013
Wife entry visa granted from uae 2 jan2014 join EU spouse
Entered Ireland 15 jan2014
Did not apply garda card or EU 1 as visa was valid for 3 months
Left job 25 march 2014
28 march wife entered UK without EEA family permit.
1st April 2014 applied for eea2 residence card for wife
7 April 2014 certificate of application received
7 may 2014 spouse of EU national visa issued for five years.
Was over the moon to see the visa so quick.

Gather plenty of paper work
Pay slips
P45
Job contract
Utility bills
Teanency agreement
Bank statements
Irish library card
Exchanged my UK driving livcence to Irish one.
and you can do it as well
Good luck