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Callum.a
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Any info please

Post by Callum.a » Tue Feb 18, 2014 3:17 pm

Hey,
My wife is British citizen and I am a New Zealand citizen. We are currently in Ireland (Dublin), where my wife is working. Therefore excercising her treaty rights so I can apply for an Irish stamp 4. Now my info I require relates to us being able to move to the UK.
Is there any way we can move to UK using the EU treaty rights or any other way. We would like to go as soon as possible. I have not been working here yet in Ireland or have I applied for any visas here.
Any help would be much appreciated.
Thanks
Callum

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Casa
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Re: Any info please

Post by Casa » Tue Feb 18, 2014 3:54 pm

How long has your wife been living and working in Ireland?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Callum.a
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Re: Any info please

Post by Callum.a » Tue Feb 18, 2014 4:21 pm

We both got here in January, so not long at all. I take it there is a time frame that she has to have been working here first?

Wanderer
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Ireland

Re: Any info please

Post by Wanderer » Tue Feb 18, 2014 4:43 pm

Callum.a wrote:We both got here in January, so not long at all. I take it there is a time frame that she has to have been working here first?
The new interpretation is that your 'centre of life' should have shifted there and it's not just a quick hop there and a quick hop to UK. I think I read 12 months is about right but that might be anecdotal.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: Any info please

Post by Casa » Tue Feb 18, 2014 4:52 pm

Wanderer is right. Since the 1st January, the Surinder Singh route has become much tougher. Your sponsor now has to show that the 'centre of their life' has transferred to the UK state (in your case, Ireland). The period of residence isn't stipulated but the belief is that 12 months would be be around the time expected. Refusals of applications of 6 months residence are now being issued. Here's the official wording:

According to regulation 9(3), the centre of a person’s life will be assessed by reference to:

“(a) the period of residence in the EEA State as a worker or self-employed person;

(b) the location of [the person]’s principal residence;

(c) the degree of integration of [the person] in the EEA State.”
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Callum.a
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Re: Any info please

Post by Callum.a » Tue Feb 18, 2014 4:56 pm

Bugger

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Casa
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Re: Any info please

Post by Casa » Tue Feb 18, 2014 5:00 pm

Sorry. :(
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Callum.a
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Re: Any info please

Post by Callum.a » Tue Feb 18, 2014 7:17 pm

Ok new question then. Can I apply for a tier 5 youth mobility scheme from Ireland?

Wanderer
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Re: Any info please

Post by Wanderer » Wed Feb 19, 2014 11:18 am

I think you can in theory but in practice rather difficult as it would be hard to convince the ECO that you are a genuine YMS applicant having a wife in the UK.
An chéad stad eile Stáisiún Uí Chonghaile....

Callum.a
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Re: Any info please

Post by Callum.a » Wed Feb 19, 2014 11:41 am

Do they need to know?

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Casa
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Re: Any info please

Post by Casa » Wed Feb 19, 2014 11:47 am

Yes. If you fail to disclose information now, you'll be ******* for any future visa applications based on the British Nationality of your wife.
Apart from how do you expect to show how you are legally resident in Ireland if you don't mention her in the YMS application?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Callum.a
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Re: Any info please

Post by Callum.a » Wed Feb 19, 2014 12:00 pm

Valid point. She is also a New Zealand citizen too. Although like you say to prove Irish residency

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