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Posted (edited)

For all those who have followed my posts before:

The current EEA criteria are as follows:

If you are moving to Ireland (similar for other EU nations) and then using Surinder Singh to return to the UK:

1. Must have ANY job in Ireland for 3 months (salary is irrelevant - but not voluntary jobs).Part-time etc. is acceptable.

2. If you go there under self-employed status - There is a minimum income (and/or savings) level - that is the level that excludes you from any benefits in the EU nation. If you have XYZ in the bank that meets this level, then you can happily open a company and work for yourself for 3 months and then move back to the UK with your family (even if your company makes $10 a month).

Under EEA rules you can obviously apply before 3 months and may be OK but, you could be refused. This does not exclude you for multiple applications as it is your right under EEA law.

If you move to any of the Schengen Visa areas you must ensure that your visa has the added input of Directive 2004/38/EC. The same applies to Ireland. Failure to have this will probably result in your spouse having to leave the country and fly back in when you apply for the residence permit/card. Please be warned - there is no mercy in this area. The local "uneducated native visa admin officer" is well aware of this - but they will act like ignorant people and ask for unecessary documents. Under EEA law, all that is required is a letter from the EU spouse confirming EEA intentions. Salary, bank balance, home, insurance etc. are not required.

Also, please follow this - upon each party arriving in the EU state, please immediately apply for the residence. Again, upon moving to the UK, do the same. National Border Agencies are trying all methods under the sun to reject legitimate cases.

Hope this helps. Any questions feel free to ask.

Edited by AngryParent

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