Help regarding new SS rules

[Jellybean105]

I have read that new rules are coming in from 1st Jan. I can't find anything on the UKBA site, so is it really happening? I wanted to clarify a few things.

Basically, my husband and I are in Ireland. I'm a UK citizen and came to Ireland in Feb 2013 and have been self-employed since. We have applied for a resident card for my husband and his decision is due in Feb 2014.

He has already successfully got a UK family permit, which is valid until April but he was planning to return to the UK after getting his resident card in Feb. He might need to re-apply for the UK permit as we are going on holiday in April after moving back to the UK (so we won't have time to submit EEA in the UK).

Now with these new rules I'm really confused. According to that, I would have been in Ireland for about 11 or 12 months. I don't have any property in the UK, I have a bank account in Ireland, I have registered with tax and I have given all this information to INIS for my husbands resident application. Would all this be sufficient to prove my 'centre' has moved.

Do you suggest we return to the UK before Jan 13? Or should we wait until he gets his resident card in Feb? (which is more proof of residing in Ireland but after the new rules)

I would really appreciate if someone could shed some light on this. Thank you!

[Jambo]

As I said in my other post, I believe you should be fine even under the new rules. You will probably be considered under the old rules as well as you had the Family Permit before the changes and you used it. To smooth things up, you may want to apply for a RC once you return (after February) and ask for the passports back (before April) for your travels.

[Jellybean105]

Hi Jambo

Thank you for your reply.

I had a couple of questions. My husband applied for a family permit to visit family, but we have not actually used it yet. I read somewhere that if you don't use it, it becomes invalid? Does that affect any future applications? Also, technically how would they know if we did or not, go to the UK, for example via ferry?

Also, like you said when we return and apply for a RC and ask for our passports back would that not withdraw the application? My only concern was that if we returned by April, submitted the application and then left the UK, what would happen on return to the UK?

Thank you so much for your help.

[Jambo]

The FP is only valid for 6 months regardless whether it is used or not. However, if you want to be dealt with according the old SS rules, you need to use the FP at least once. I agree that with Ireland it is a bit pointless as there is no border control. Just keep proof of your travel as evidence of its use.

You can ask for the passports back after applying for RC. It will not affect the application (these rules are different from the UK spouse visa rules). With regards to travelling back, then it would depend if the non EEA is a visa national or not and how you travel (air or land). An airline will not allow a visa national to board a flight without a visa. If you can get to the border (non visa national/land crossing), the UKBA will allow entry using the CoA (the acknowledgement letter received after applying for RC while waiting for a decision).

[Jellybean105]

Thank you for the info.

My husband is a visa required national and we will be going overseas so its not an option. If thats the case, then I think the best thing would be to re-apply for a family permit now and say we want to return in June? Will they allow him to re-apply right now, with still another 4 months left on the current FP?

Then, once we get the resident card in Feb (hopefully) we can return and then apply for the RC. If we need to leave before the decision, we can get out passports and we should have enough time on the family permit to return to the UK.

How does that sound?

I think its best to leave after he gets an Ireland RC then atleast he can come back in case anything happens in the UK.

[Jambo]

Thank you for the info.

My husband is a visa required national and we will be going overseas so its not an option. If thats the case, then I think the best thing would be to re-apply for a family permit now and say we want to return in June? Will they allow him to re-apply right now, with still another 4 months left on the current FP?

Then, once we get the resident card in Feb (hopefully) we can return and then apply for the RC. If we need to leave before the decision, we can get out passports and we should have enough time on the family permit to return to the UK.

How does that sound?

I think its best to leave after he gets an Ireland RC then atleast he can come back in case anything happens in the UK.

You can apply now stating you plan to travel in April (so after current one runs out but within 6 months). They might cancel your existing permit if issuing a new one (although this should not affect your plans). They might also decide to refuse the application this time (you never know with the HO).
If you decide to apply now, do it before the new rules (1st January).

[Jellybean105]

Hi Jambo

I'm planning on re-applying and giving the reason of returning to the UK in May. Do you think its likely they will cancel the existing one? We would ideally want to return in Feb or March and settle before travelling in April.

Its actually so disheartening. My husband and I, had just met a while before the "July" spouse visa rules changed. My husbands student extension was refused, we appealed and then decided to apply for a spouse visa (by then on the new rules).
That got refused because we were not supposed to apply on an existing appeal and so he was asked to leave the UK.
Wasted so much money on UK immigration and then when we finally found a way out (SS route), entered Ireland without a visa, still managed to get GNIB, temp stamp 4 etc and almost reaching the end now, the rules have to go and change again!!!!!

I have got through all of this with the help on this forum and I really appreciate all your help. I just hope we can get through this soon..

[Jambo]

If they cancel the existing one, it should not matter as the EEA FP is normally valid from date of issue for 6 months so will cover all trips from till June. The risk is a refusal (although if they granted one a month ago, they should grant it again).