55 replies to this topic

[gozo1]

Hi everyone, I am in the UK now with my family, I have re-entered the UK via the Republic of Ireland with my German issued residence card, we didn't meet any immigration control from the Republic to the UK.

I have all documents set to apply for my residence card, and I am considering that my wife applies for a registration certificate relying on Singh on the basis of employment in Germany. My questions are; if a registration certificate can be issued to a British citizen returning from another member states?

The reason why I'm contemplating this, is that, if she will be issued a registration certificate on the basis of the work done in Germany then there would be no reason to argue in future application about the length of employment in Germany.

In a reply to a letter of enquiry by my wife to the UKBA, they reaffirmed the length of time is not an issue but she would be expected to satisfactorily demonstrate that the job in Germany is not transient.

[Gentleman of Leisure]

It can be issued.  Whether one will be issued in your case is not entirely certain.  Most Singh matters are resolved initially by the issue of an EEA Family Permit and this resolves (confirms) the RC the process from inside the UK.  I don't know what else can be gained from debating its likely success as that has already been done to exhaustion in this thread.  I suggest you apply and see what happens.  The German ECO's decision on this may have already set a precedent to be followed.  It will certainly weigh heavily on the next application.

[gozo1]

Thank you for clarifying that, I know I have a strong case to be issued a residence card, we will see how that goes. I shall definitely post back updates.

[Mutly]

Your wife won't be issued with a registration certificate. European Casework Instructions chpater 5 point 5.5

Quote

However, the British citizen is not
issued with a Registration Certificate as a
Registration Certificate can only be issued to EEA nationals who are exercising
Treaty rights in Member states other than their own.

This doesn't matter, it is you as the non-EEA national who is seeking a right to reside under the European rules. If relying on the very brief and now distant employment in Germany you need to be aware that chances on application and appeal are probably low. It depends on your wife's subsequent exercise of economic treaty rights in Ireland. As you say she was employed there for several months, it may be granted if you lived with her there at least some of the time. I would recommend that an advisor assist however as you are now in the UK, as GoL said all you can really do is apply and see what happens.

[OLUMUYIWA]

gozo1, on 14 May 2013 - 06:42 AM, said:

Hi everyone, I am in the UK now with my family, I have re-entered the UK via the Republic of Ireland with my German issued residence card, we didn't meet any immigration control from the Republic to the UK.

I have all documents set to apply for my residence card, and I am considering that my wife applies for a registration certificate relying on Singh on the basis of employment in Germany. My questions are; if a registration certificate can be issued to a British citizen returning from another member states?

The reason why I'm contemplating this, is that, if she will be issued a registration certificate on the basis of the work done in Germany then there would be no reason to argue in future application about the length of employment in Germany.

In a reply to a letter of enquiry by my wife to the UKBA, they reaffirmed the length of time is not an issue but she would be expected to satisfactorily demonstrate that the job in Germany is not transient.

Hello Gozo ......how did you travel from Republic of Ireland to UK without encountering immigration ?

[Victoria]

Common Travel Area.