question of surinder singh application

[bellammm]

hi all ,

im a Taiwanese who married my British citizen husband on 2014 in ireland ,and i got the stamp 4 visa in 2015july for 5 years ,but my husband have decided to move back to uk on dec2015 ,before that we both living in ireland for long time ,10 years for him ,and 4 years for me .
at that time he moved back to uk ,he do not get any job yet ,so i decided to back to my country for holiday about 6 month to wait him settled everything .i ve come to uk on apr 2016 untill now ,it been almost 4 months .
at first we thinking to apply the spouse visa but he doesn't meet the financial requirements then i found that we can apply ss route in this site that really suitable our case .i know brexit may influence SS route but i would like to give it a try ,
i have some question about this :

1)we left ireland for more then half year ,could we still use SS route ?

2)how long would it take for application ? as my visa will expire in September ,ifi go back to ireland ,i will not be given a stamp ,how should i do then ?

3)we were renting rooms and house while we in ireland ,but we do not have rental agreement ,only have utility bills ,is it enough?

4)do i need to attach my husband current job payslip or bank statement in uk even the application form do not request ?

if anyone can answer me those question or have any advice on my case would be appreciate

thanks
bella

[noajthan]

hi all ,

...

i have some question about this :

1)we left ireland for more then half year ,could we still use SS route ?

2)how long would it take for application ? as my visa will expire in September ,ifi go back to ireland ,i will not be given a stamp ,how should i do then ?

3)we were renting rooms and house while we in ireland ,but we do not have rental agreement ,only have utility bills ,is it enough?

4)do i need to attach my husband current job payslip or bank statement in uk even the application form do not request ?

if anyone can answer me those question or have any advice on my case would be appreciate

thanks
bella

1) Not sure, You have probably blown it by breaking your continuity of residence in Eire.
And by not establishing residency in UK with hubby for over 6 months may mean he now has no ability to sponsor you on the EU (SS) route anymore.

You probably weren't aware but all you had to do is go back to UK with hubby and simply live there. He doesn't have to exercise treaty rights in UK (at least not for immigration reasons).

It may just (if you're lucky) depend on how your absence is calculated. And that probably depends on when you first went to Eire (which month?).

2) You have no basis to go back to Ireland without your sponsor.
What 'visa' do you think you have? (EU-related RCs are not visas).

3) For applying on basis of SS and to meet UK's stringent centre of life requirements (which are wrapped around the cleaner, purer EU law) - no, it's unlikely to be enough.

4) Not really; hubby doesn't need to exercise treaty rights in UK as he is a BC; (case law of Eind).

[bellammm]

hi all ,

...

i have some question about this :

1)we left ireland for more then half year ,could we still use SS route ?

2)how long would it take for application ? as my visa will expire in September ,ifi go back to ireland ,i will not be given a stamp ,how should i do then ?

3)we were renting rooms and house while we in ireland ,but we do not have rental agreement ,only have utility bills ,is it enough?

4)do i need to attach my husband current job payslip or bank statement in uk even the application form do not request ?

if anyone can answer me those question or have any advice on my case would be appreciate

thanks
bella

1) Not sure, You have probably blown it by breaking your continuity of residence in Eire.
And by not establishing residency in UK with hubby for over 6 months may mean he now has no ability to sponsor you on the EU (SS) route anymore.

You probably weren't aware but all you had to do is go back to UK with hubby and simply live there. He doesn't have to exercise treaty rights in UK (at least not for immigration reasons).

It may just (if you're lucky) depend on how your absence is calculated. And that probably depends on when you first went to Eire (which month?).

2) You have no basis to go back to Ireland without your sponsor.
What 'visa' do you think you have? (EU-related RCs are not visas).

3) For applying on basis of SS and to meet UK's stringent centre of life requirements (which are wrapped around the cleaner, purer EU law) - no, it's unlikely to be enough.

4) Not really; hubby doesn't need to exercise treaty rights in UK as he is a BC; (case law of Eind).

thank you noajthan
omg ,i have no idea my case will be going to this complicated .
i not really understand how can i simply live with my husband without a visa after my travel visa expiried .
what kind of visa should i apply then ?

i went to ireland on 2012 may ,for student visa for 2 years ,then we married on 2014dec ,i got my stamp 4 visa (eu family visa )on 2015july ,we left ireland on dec2015 ,i did go back to ireland in mar ,april and last week aswell for someday .

[noajthan]

thank you noajthan
omg ,i have no idea my case will be going to this complicated .
i not really understand how can i simply live with my husband without a visa after my travel visa expiried .
what kind of visa should i apply then ?

i went to ireland on 2012 may ,for student visa for 2 years ,then we married on 2014dec ,i got my stamp 4 visa (eu family visa )on 2015july ,we left ireland on dec2015 ,i did go back to ireland in mar ,april and last week aswell for someday .

The question is whether your EU residency 'year' starts in May or in December.
You need to calculate your absences from Eire for a 12 month period based on (possibly) May-May or December-December.

If less than 6 months absence in each 12 month period your continuity of residence in Eire may not have been broken.
Meaning you might be able to go back and carry on where you left off.
But of course to use that option you need your sponsor in Eire too.

So its not clear if you can go back to living in Eire; certainly not without hubby.
Presumably you weren't asked about that (where he was) when returning to Eire for short trips in past months (?).

But by being separated from hubby for over 6 months and with hubby in UK (as I understand it) you haven't yet established any sort of residency in UK; its hard to see how you can now be sponsored in UK with hubby as an 'EEA national'.

That leaves UK the immigration route and a spouse visa if you meet the requirements. Or, maybe, the option to go back to Ireland with hubby.

What is that travel visa you keep mentioning? Do you mean a UK FP?