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Some questions about the Surinder Singh route

Discussion in 'UK Visa and Immigration Help' started by Sunnyjim, Nov 6, 2013.

  1. Sunnyjim
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    Sunnyjim Member

    I really want to understand the options here and I'm sure this will benefit others. I hope someone here can help.

    1) Suppose I simply fly my Pinoy wife to Dublin with an Irish visa and immediately jump on a ferry to England, directly or via Northern Ireland. What would be her legal status in the UK? Could she be deported?

    2) What if we fly to Dublin and settle there and I apply for work there etc. and we stay for 3 months. Then travel back to England. What docs would we need for her?

    Thanks for any help
  2. Aromulus
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    Aromulus The Don Staff Member

    You need to establish yourself in Ireland or some other European country, for a couple or three months, to exercise your rights, before you apply for a family permit.
    She will not be allowed to leave the Philippines without a Visa/Family Permit and CFO sticker on her passport.
  3. KeithAngel
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    KeithAngel 2063 Lifetime Member

    Its not enough to "apply for work" you must exersize treaty rights as a worker or self employed.
  4. Sunnyjim
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    Sunnyjim Member

    What if I start as a self-employed sales agent but don't earn much (while living off savings)? Would this satisfy the rules?

    You say for 'a couple or 3 months' - how important is the length of time? Why not just 1 month for example? Just so I'm clear.
  5. Aromulus
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    Aromulus The Don Staff Member

    They would require six months of bank statements, showing sufficient funds





  6. Sunnyjim
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    Sunnyjim Member

    So if self-employed, I'd have to stay there for 6 months?
  7. Aromulus
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    Aromulus The Don Staff Member

    Not necessarily. I believe.
  8. KeithAngel
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    KeithAngel 2063 Lifetime Member

    Jim its not a quick fix but a process that needs careful consideration, Perhaps you could tell us a bit of your story for context what sort of work do you do are you married , kids how long etc:like:
  9. Sunnyjim
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    Sunnyjim Member

    Ok. I'm going out again to PH next year to get married. I already have 2 kids (Brits). I'm a sales agent and wondering whether I could do the same in Ireland for 3 months.
  10. KeithAngel
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    KeithAngel 2063 Lifetime Member

    If your business model can be made to work in Eire why not do I take it your brit kids are here or in the Fils?

    Is it the £18.600 income that is tricky?

    It would be possible for you to live in Eire and conduct some or all your business in Northen Ireland as long as you are resident in the south, get the missus over and open joint accounts etc apply for an EEA2 for the missus.
  11. Sunnyjim
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    Sunnyjim Member

    My kids are here. Yeah, the £18,600 is hard. But I have a little savings. Her English is an obstacle too.

    So I could live in Eire near the border and do all my work in Northern Ireland? That would be great. I suppose I'd just have to have my commission paid into an Irish bank account?
  12. KeithAngel
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    KeithAngel 2063 Lifetime Member

    you just need to be resident for living and tax purposes as if you were a native of eire:like:
  13. Sunnyjim
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    Sunnyjim Member

    Great. Another question if I may:
    What would stop me from then bringing her into the UK through northern Ireland to visit family from time to time for example? Or would that cause potential problems?
  14. KeithAngel
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    KeithAngel 2063 Lifetime Member

    Cant see any issues I dont think they even have immigration control. Free movement is free movement
  15. Sunnyjim
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    Sunnyjim Member

    Is that completely legal though? What would happen if questioned by an officer?
  16. KeithAngel
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    KeithAngel 2063 Lifetime Member

    You would simply state your exersizing freedom of movement and show your marriage cert / Irish stamps/ proof of address status as self employed etc and the brits would stamp your missus with a entry clearance

    (that says valid for 6 months) but based on your activeties has no expiry,

    you could also apply for a Family permit if you wished before traveling its a free application

    you have to supply the relevant proof as a brit that you qualify
  17. Sunnyjim
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    Sunnyjim Member

    Where do they stamp her? On the forehead?

    What do you mean, based on my activities?

    What's a family permit? What's the benefit of having one?
  18. KeithAngel
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    KeithAngel 2063 Lifetime Member

    A Family Permit is an application (free) for an entry clearance for your Wife (and dependants in the direct line) You must be travelling together, or She must be joining you in the desination country. It is multipull entry and valid for 6 months (UK) in Europe it usualy takes the form of a shengan visa and is valid for 90 days dont know about Eire.

    Its advantage is you can use it to board aircraft as carriers hardly ever allow visa nationals to board (no matter illegally) with just a marriage certificate even though on arrival in Europe immigration would be obliged to allow entry under the free movement directive. :like:
    Last edited: Nov 9, 2013
  19. Sunnyjim
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    Sunnyjim Member

    Keith, was does this mean, valid for 6 months in the UK? Does this mean she could gain entry to the UK as my wife, so long as she left within 6 months?
  20. KeithAngel
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    KeithAngel 2063 Lifetime Member

    The Family Permit,for the UK could only be applied for by your wife from (normally) another member state in the EU (in your case once you had established yourself in Eire)

    It allows entry to the UK as many times as she likes (multipul) as long as she is travelling with/or joining you and is valid for 6 months once in the UK She could apply for a confirmation of her rights (residents card EEA2) but thats optional.

    Or having established yourself in Eire you could both present at port with evidence that you are married and that you have been exersizing your treaty rights as a worker or self-employed immigration will then stamp a 1a in your wifes passport, if no one is there to look then clearly there will be no stamp, but as long as you could demonstrate and have evidence thats fine as existant rights are not subject to any process of application for a confirmation, so nothing illegal has occured

    Jim there are two seperate themes here

    1st what you need to do to get her to any other European Country

    2nd what the process is to return to the UK later under Singh

    Need to keep that seperation not to become confused:like:
    Last edited: Nov 9, 2013

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