rickster000

Wanted to ask a question here if that's ok:

If a couple (EU + nonEU) move to an EU country to seek work, if the nonEU is the one who finds work first are there implications with this (in terms of residency, legalities and S/Singh)?

DaveLovesDee

If you don't ask questions, we can't give you answers

In some EU countries (such as Ireland), it's difficult for the non-EU to prove their right to work until they receive their host country Residence Card (which can only be applied for after the EU starts working there). In other EU countries (such as Malta), the non-EU can prove right to work using just their marriage certificate (and sometimes a copy of their EU spouse's passport) to prove they are the spouse of an EU/EEA national.

It doesn't matter at all for Surinder Singh purposes whether the non-EU works or not, it's the EU national's employment and the EU and non-EU's residence together that matter. Though if the non-EU is working, that certainly helps the finances.

In every EU country, the non-EU cannot apply for their host country RC before the EU national, but they can apply at the same time or after, and should apply within 90 days of arrival.

rickster000

Thanks for the detailed answer Dave. Very much appreciated.

LINANA

Hi Dave ,got my FP result, rejected ，they say cuz my husband is workin part time ,(in a restaurant,3days a week , 18 hours per week)and low income in ireland, even we supplied our bank statement,didnt help , and center of life crap , we have lived in ireland for like 6 months now , gonna try again , or appeal , seems appeal gonna take at least 6 months ?,hmm , sucks

SanDiegogirl

This does not surprise me...... moving just for 6 months, and having only a part time job does not qualify for "moving centre of life".

Immigration is getting much more strict when it comes to using the SS route to bypass immigration control.

DaveLovesDee

I'm sorry to hear that. You can ask for a reconsideration, or try applying again in a few weeks.

Home Office caseworkers apply the instructions their employer (the Home Office) sets, whether these instructions apply EU law correctly or not.

Unfortunately, the caseworkers are never the ones held to account by the First-Tier and Upper Tribunals when those incorrect refusals reach the tribunals.

I have seen a refusal where the UK national was working 20hrs pw and their non-EU spouse working 50-60hrs pw (both incomes sufficient to pay their bills) yet still refused.

LINANA

Thx Dave , and any idea how can I take my case to EU court?my husband and I def wanna fight this

LINANA

Reconsideration?u mean appeal?like write a letter to them?thanks

DaveLovesDee

European court isn't a stage you'd need to get to.

Reconsideration is not an appeal. You write them a letter explaining why you believe the refusal was wrong. You'll usually get a reply in 3-4 weeks.

An appeal is more complicated, and a First-Tier Tribunal hearing usually takes around 8-12 months until the court date. In that time, you could have reapplied for a FP lots of times for no cost.

LINANA

Thx so much , I also wanna know if it is to apply for uk spouse visa in ireland?me as chinese citizen holding irish 5 years rx ,thx so much

DaveLovesDee

Have you considered staying in Ireland together until you have Irish Permanent Residence or Citizenship in around 5 yrs. You'd still be able to visit the UK together in that time, and an Irish Citizenship would allow you to apply for an Irish passport.

LINANA

No... We dont have the intention to stay in ireland too long , we r goin to tryin again after I got my 5 years rc in june , if rejected again , we r enterin uk to apply for ukrc , (i joined a group on facebook ,eea free movement, a lot ppl doin the ss currently and sgarin good advice )aome of them r back to uk with irish ic ,if they uk out of eu , the uk gov might suspend the eea route ,,,, would be horrible , wanna act asap , even ukrc gets rejected ,we can apply again straight away .....

DaveLovesDee

I know the group you refer to.

Yes, try again when you have the 5yr RC.

LINANA

And I should be workin next week ,(contract ,full time,)and hopefully will increase tpour chance of fp ,,,so frustrating.. Ireland is not gettin any warmer ,,,IoI

LINANA

Dave , we r thinkin to do savings route fpr spouse as back up ,,still 62.500 pounds for holdin 6 months right ?and is it ok we aay it is a gift fro, my husband's father?and joint account ok ?the fund under my husband and his father's name ,thx so much