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Ireland Surinder Singh route - PLEASE HELP

Posted: Wed Aug 28, 2013 1:39 pm
by thathobocat
Hi, I'll tell you a little bit about my situation and then bold the questions.

My husband is a UK citizen and I'm a US citizen, I'm currently in the UK on a tourist visa (as we were married in the US). We have been living and working out in Japan for about 4 years now, and since our return he has made every effort to achieve the £18,600/year financial requirement but we've had no luck so far.

We've heard about the Surinder Singh route but don't really know very much on how to go about it. He has been looking at jobs in Ireland and we are looking at places to rent while he works there, but my questions pertain to my ability to stay there for over the 90 day tourist visa.

Is there another visa I can get that will allow me to stay with my husband while he gets a job in Ireland?
Will I also be allowed to work? (being unemployed is very depressing for me)
Does he have to have a full-time job while working in Ireland for it to count? Or can he just work at a bar or a restaurant for 3-6 months and then come back with me to the UK?
When should I apply for a EEA family permit? As soon as we're in Ireland and he has a job or after the 3 month mark?

Any help on this issue is much appreciated. My tourist visa ends in January and I'm really hoping to not have to go back to the US.

Posted: Wed Aug 28, 2013 1:49 pm
by Doublestarxx
You can stay over 90days cos as your uk husband moves to Ireland he's going their as an EU national going to exercise treaty rights. If your husband gets job their you can apply for a residence card as a family member of anEU NATIONAL excercising treaty rights.
You should also be allowed to work .
He can work part time as long as the job is effective.
As soon as you are in Ireland and he is exceeding treaty right you can apply for family member residency document

Posted: Wed Aug 28, 2013 1:57 pm
by thathobocat
For real? That honestly makes me so much happier. So I apply for a residency permit while I'm on a tourist visa in Ireland? Does it take long to get this visa? I don't want to overstay any tourist visa and break any laws.

Posted: Wed Aug 28, 2013 2:30 pm
by Doublestarxx
Even without the visa you are breaking no law as eu law supercedes national law. As long as your husband is excercising his treaty rights, you are legal irrespective of permit or not.
I don't know how long it takes but should be faster than uk own lol

Posted: Wed Aug 28, 2013 2:40 pm
by askmeplz82
thathobocat wrote:For real? That honestly makes me so much happier. So I apply for a residency permit while I'm on a tourist visa in Ireland? Does it take long to get this visa? I don't want to overstay any tourist visa and break any laws.

This is not specified in the UK regulations. The longer, the better chances of satisfying the HO. The rule of thumb given is 6 months but an application can be made before that and if refused, a new application can be made a few weeks later.


check this out : http://www.immigrationboards.com/viewto ... 354#761354

Posted: Wed Aug 28, 2013 3:10 pm
by thathobocat
askmeplz82 wrote:
thathobocat wrote:For real? That honestly makes me so much happier. So I apply for a residency permit while I'm on a tourist visa in Ireland? Does it take long to get this visa? I don't want to overstay any tourist visa and break any laws.

This is not specified in the UK regulations. The longer, the better chances of satisfying the HO. The rule of thumb given is 6 months but an application can be made before that and if refused, a new application can be made a few weeks later.


check this out : http://www.immigrationboards.com/viewto ... 354#761354
Thanks so much for the information! It will definitely come in handy!

Posted: Thu Aug 29, 2013 6:00 pm
by RedKite2010
Once you have done all of the above and returned to the UK is the Spouse/Civil Partner of the UK National allowed to:

Get a proper job?

Are they entitled to a G.P or to Receive Treatment on the NHS?

Can they claim Job Seekers Allowance or any other benefits?

----------------

Surinder Singh route is something I am looking into, my girlfriend (not married yet) is a hard working woman and has a good job here in Honduras and she will be giving it up to be with me in the UK, she is by no means looking for Handouts or Freebies, so please don't get the wrong idea from my post.

I just want ALL the info... and the best way to get it is to ask those who know.... the UKBA website is a maze, designed to confuse and discourage.

Regards,
K.