Apply for EU1 after failure of UK spouse visa renewal

[TyrswithMe]

Hi all,

Home Office rejected my renewal of my spouse visa after 2.5 yrs residence in the UK. At this moment, my husband, UK national, plans to move to Ireland immediately excercising his treaty right before making application of EU1 to bring me to Ireland.

However, I have been advised by legal help that EU1 application is likeley to be unsuccessful as INIS works closely with Home Office and they are able to track my immigration history in the UK. He believes INIS will be frowned upon my rejection of spouse visa in the UK and the whole timeline suggests my main objective is to gain immigration permission to remain in Ireland, which circumvents the UK laws. I would like to know if that is the case for rejecting the EU1?

My husband would like to set up the EU1 application after taking up employment there for 3 months. Do you think 3 months is long enough to 'whitewash' my immigration histroy in the U.K?

I would be greatly appreciated your suggestion

Thanks again.

[max307]

What were the reasons of rejection? Do you have any immigration offences in the UK or the EU?

UK and Ireland do share immigration information but INIS tends to be pragmatic and every case it’s different so hard to tell without more details about your immigration history.

[HappyKai]

Hi, your UK immigration history is not relevant to your EU1 application unless there is a criminal offence involved. See details of the Metock case.
You can travel with your husband as long as he gets a job, becomes self employed, a student or self sufficient in 3 months.
As long as you have your passport, marriage certificate, and documents listed in the EU1 application form you should be fine.
UKBA and INIS do share information but your immigration history should not count against you based on the Metock case law. Many people have moved to Ireland from UK who had previous visa refusals.
However, if are doing the Surinder Singh route and plan to return to the UK, UKBA May state that you only exercised you EU rights to circumvent immigration rules.

[TyrswithMe]

Because I overlooked the newly-introduced English requirement for renewal and didn't resubmitted that in time, apart from that proof of relationships, financial requirement etc seem to alright.

[TyrswithMe]

Hi, your UK immigration history is not relevant to your EU1 application unless there is a criminal offence involved. See details of the Metock case.
You can travel with your husband as long as he gets a job, becomes self employed, a student or self sufficient in 3 months.
As long as you have your passport, marriage certificate, and documents listed in the EU1 application form you should be fine.
UKBA and INIS do share information but your immigration history should not count against you based on the Metock case law. Many people have moved to Ireland from UK who had previous visa refusals.
However, if are doing the Surinder Singh route and plan to return to the UK, UKBA May state that you only exercised you EU rights to circumvent immigration rules.

Thank you very much for your clarification. It's such a reassurance for me

[max307]

Because I overlooked the newly-introduced English requirement for renewal and didn't resubmitted that in time, apart from that proof of relationships, financial requirement etc seem to alright.

Yeah that’s not an immigration offence so you should be fine applying for EU Treaty Rights in Ireland.

Just one thing I want to add - you will be able to enter the country with your husband and apply for EU Treaty Rights, after some weeks (about 8 weeks or so) and once your application is initially reviewed you will be given a temporary stamp so you can work in Ireland but the final decision is taking very long at the moment. Some cases are taking close to 2 years to be approved, feel free to browse other posts here in the forum. If your intention is to go back to the UK with Brexit getting closer that route may not be there anymore by the time you get your approval.

[TyrswithMe]

Because I overlooked the newly-introduced English requirement for renewal and didn't resubmitted that in time, apart from that proof of relationships, financial requirement etc seem to alright.

Yeah that’s not an immigration offence so you should be fine applying for EU Treaty Rights in Ireland.

Just one thing I want to add - you will be able to enter the country with your husband and apply for EU Treaty Rights, after some weeks (about 8 weeks or so) and once your application is initially reviewed you will be given a temporary stamp so you can work in Ireland but the final decision is taking very long at the moment. Some cases are taking close to 2 years to be approved, feel free to browse other posts here in the forum. If your intention is to go back to the UK with Brexit getting closer that route may not be there anymore by the time you get your approval.

Hi, thank you very much for your input. It's very helpful.
Yeah, I will probably stay in Ireland with my husband until I am eligible for Irish citizenship and might come back to UK if I wish, provided Irish citizenship holder is free to live in the UK permanently.