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Perhaps Complicated Surinder Singh


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#1 gozo1

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Posted 09 December 2012 - 12:23 PM

Please kindly give your opinion on my case, I am a non EU (Ghanian) family member of a British citizen, we were married last year and made an application to the Irish embassy for the Irish entry visa to join my EU citizen wife in Ireland, the application was refused because they needed enough proof of relationship and the one we provided to them wasn't just enough, and the second reason was that my wife wasn't exercising her treaty rights as of then.

We appealed the decision, they initially said it will take 4 weeks to process the appeal, but it turned out longer than that, basically the appeal was just dump somewhere in the office as we heard, and as soon as it approaches 6 months they will start to review it, in the time as we were waiting on the appeal my wife had secured a good job evidence was forwarded to the embassy.

I made an application to the German embassy in Ghana to meet my wife in Germany which was granted and we both travelled down to Germany, I had at this time withdrew my application at the Irish , my wife got a job offer in Germany and we made an application for residence card which was granted on the spot, that was even prior to my wife starting her new job.

Two weeks into the job my wife had an argument with the boss in her work place, in which she decided to quit, she was only paid for the 2 weeks job she had done. which was around 600 Euros which came down to 400 plus after tax, my wife had gained an admission at a Scottish University where she would like to further her education and we are making plans to return to Scotland together.

We have a son who is Irish/British citizen, I had only visited Ireland once since I have had my residence card in Germany. my questions are below.

Can i make an Surinder Singh application relying on the 2 weeks job in Germany? if not can we make up for the weeks of employment in Ireland? as she has worked the total of 10 months in Ireland where is currently receiving maternity benefit.

Albeit we didn't live together in Ireland can we add on the weeks of employment done in Ireland to make the Surinder Singh application, or will it be advisable that we move to Ireland again temporarily then after having evidence of cohabiting make an application for an EEA family permit from Ireland?

Thank you for taking your time to read my post.



#2 Victoria

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Posted 09 December 2012 - 12:35 PM

I'd say it is unlikely. The time in Ireland can't be counted and the time in Germany I doubt would be considered enough.

#3 gozo1

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Posted 09 December 2012 - 01:27 PM

Thanks Victoria, do you think if moving to Ireland and staying there temporarily would be good to make the application from Ireland?

#4 Prince74

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Posted 09 December 2012 - 07:17 PM

Stay in Ireland with your wife and let her exercise treaty rights for a while and then apply from Ireland. Evidence of cohabitation and proof of her exercising treaty rights are crucial if your application is to succeed

#5 Gentleman of Leisure

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Posted 09 December 2012 - 07:24 PM

Stay in Ireland with your wife and let her exercise treaty rights for a while


Economic treaty rights. AKA employment.

#6 Prince74

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Posted 09 December 2012 - 09:19 PM

Exactly: find a job, study or self employment

#7 Victoria

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Posted 09 December 2012 - 09:35 PM

Study doesn't work for Surinder Singh (for the EEA national).

#8 gozo1

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Posted 09 December 2012 - 10:14 PM

Thanks everyone for your comments, my wife is unable to work at the moment due to the fact that she had just had our son two months and she is on maternity benefit/leave in Ireland, she has paid enough social security contributions for 10 months to qualify for that. What if i move to Ireland whilst she is still on her maternity leave and make the application in this period would that not be sustainable?

#9 Victoria

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Posted 09 December 2012 - 10:28 PM

No, as she will be deemed self sufficient and she needs to be employed or self employed for you to qualify.

#10 gozo1

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Posted 09 December 2012 - 10:51 PM

OK but from what i understand about the singh route the British citizen does not have to be in ongoing employment, she could have exercised this right in the past, and I also think being on maternity leave does not break residence, there is someone who had just gone through this same route and he resigned from his job in Ireland, he and the wife went back to the wife's country and made the application for Singh from the wife's country, she was granted.

What I would like to know is if the previous jobs done would count when I would just be joining her?

Thank you




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