Surinder Singh to Ireland without a UK RC

[joolze]

Hello forumites.

Is it possible for a non EU national to avail himself of the Surinder Singh aspect of the treaty rights without a RC.
Background : The non EU's partner is an Irish national thats been exercising treaty rights in the UK for over two years and they've decided to move back to Ireland together on the aforementioned route but the problem now stems from the non EU nationals recurrent adverse immigration history in the UK which has resulted in the inability to obtain a UK RC.
In view of the above is there any way they could still move back to Ireland together?
Just to add that she (the principal) also would not qualify as a sponsor under the Irish domestic law as she's not earned enough in the last three years.
I would really appreciate your contributions.
Many thanks.

[joolze]

Can somebody please proffer an opinion?
This silence is unhealthy. Please

[HappyKai]

Hi,

I don't know much about doing SS from UK to Ireland but on the basis of EU law, the same should apply.

1. You lived in UK for more than 12 weeks, so you would qualify for the SS route.
The non-EU's negative immigration history shouldn't be relevant due to the Metock case law (Metock v Minister for Justice, Equality and Law Reform (2008) C-127/08 is an EU law case).
2. Was the Irish citizen working, self employed, full time student or self sufficient? Those are the activities considered necessary while you exercise you EU rights.

If the Irish citizen meets 1 & 2, I think you will qualify for the SS Route.

Hope this helps.

[joolze]

Many thanks HappyKai for your input,

The Irish citizen is indeed exercising treaty rights in the UK but the non-EU partner couldn't, so on their return to the ROI he wouldn't have any proof of having exercise treaty rights with his partner in the UK.

The lack of a residence card/registration certificate is what he wants enlightenment on, if it is vital he possesses one before they return to the ROI.

Thanks anyway for your reply, much appreciated.

[CR001]

It is the EU citizen that MUST exercising treaty rights. The non-EU working or not working is completely irrelevant.

[HappyKai]

I agree with the last post. It's about evidencing that the EU citizen was exercising their rights. Additional documents that show you were living together during that time will help but the Residence Card / Certificate of application is not part of the criteria. As far as I know.

[joolze]

A million thanks to both contributors (CR001 and HappyKai) for the insight.

Regards

[Suzannedarts]

Hi sorry to jump on your thread..i am an Irish citizen living in UK since 2012. I met non eu national in 2015 and started a relationship..he came to UK In 2003 on a visitors visa, and overstayed, he then started the asylum seekers case, however the firm helping him closed down and had all his documents and case file..so he is here in limbo. The UK government has his passport which is expired. He has no papers or income as no national insurance number..my question is can we do the ss route and if so do we have to return to Ireland to live to complete it..we just had a baby together also. Thanks for any advice.