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1. An exception to the above is where a British Citizen returns to settle in the UK after spending a 'long' enough time in a third EU country exercising treaty rights as the original poster intends to do in Ireland. 'Long' has been deemed in case law to be 6+ months. You can in this case apply for your dependents (wife and children) to enter the UK under the principles of EU law i.e. you are treated as if you were an EU national coming to exercise treaty rights in the UK - your dependents would thus be entitled to return to the UK with you - this is known as the Surinder Singh route to family re-union after the case law establishing it.tnavon wrote:As you are a UK citizen you cannot use the EEC route. You have to use the UK marriage visa route.
Quite the contrary actually - such applications are treated as Tier 1/fast tracked and must be dealt with expeditiously. I have known them granted within 24 hours at British Diplomatic Posts overseas. Unlike applications under the 'immigration rules' the burden of proof where EU law is relied upon is entirely on the Home Office/ ECO where appropriate documentation establishing EU nationality, relationship/dependency and the exercise of treaty rights has been submitted by the applicant. Most people going the Singh route get caught out by the requirement to have exercised treaty rights in a third member state for a 'long' enough period - ECO can't do nothing where payslips for at least 6 months are submitted. However I concur that the hassle of going to Ireland then relocating to the UK after 6 months is only worthwhile if a job is already lined up in Ireland as well as eventually in the UK taking into account potential impacts on the kids education.tnavon wrote:Kayalami,
The "Singh" route is very hard and time consuming to get.
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