Bringing Non-EEA parents to EU

[terriblefish]

Hello,
I want to bring my parents to the Netherlands and then the UK. Any advice is greatly appreciated.

Situation: I am a UK citizen. My parents are non-eea citizens living in asia. When I was young, before I moved to the UK, we lived in the middle east for 15 years. Since then my mum has lived with me in the UK for 6 months annually on her 10-year visit visa. Last year my mother fell very ill and she is now mentally and physically disabled, staying in hospital. She requires care and is mentally dependent on me, improving during my visits and degrading when I leave. I can provide doctor's reports as proof. The stress of my mother’s condition, living alone, and not eating properly has deteriorated my father’s health. As my dad still works and my parents have family land, they are not financially dependent on me.

Desire: I want to bring my parents (mother at least) to the UK so that i can take care of them. I wont need public funds to do so; i even want to put my mum into private care. If I cant bring them to the UK, at least a EU country with good medical facilities and good jobs.

Plan: My plan is to bring them to the UK under surrinder singh rules. I am looking into moving to the Netherlands and apply for eea family permit for the Netherlands. I am not sure how good the IND there is, but hopefully they will accept my parents. (I am trying to figure out which is the best EU country to go to for jobs, health care and implementation of the EU rules, any suggestions?) I will stay in the Netherlands for 6 months, before applying to UKBA for eea family permit for my parents and return to the UK.


Questions i have are:
1. Are my parents eligible under the rules of the Netherlands and the UK? ( my mum at least )
2. Can I bring my parents directly to the UK after working in another EU country? (ie not dragging them though Netherlands first)
3. If one family member fails to meet the criteria in the application, do the others in the application automatically fail too?
3. Should I make separate eea family applications for my parents? ( bearing in mind that my mother is unable to sign documents)


Any advice on any of the above or personal experience of the surrinder singh rules is very appreciated!

[Directive/2004/38/EC]

I think there are a couple of questions:

(1) Is your mom and/or your father covered by the Directive going to the Netherlands?

Your parents are financially independent. I am not sure what the case law is for "emotionally dependent" or "health dependent" but that is a more cloudy and nebulous concept. http://eumovement.wordpress.com/2008/04 ... ficiaries/ talks through some of the categories.

Interestingly the description is: "or where serious health grounds strictly require the personal care of the family member by the Union citizen;" But it should be fine for you if you (UK citizen) are moving to Netherlands with mom.

I am not sure about bringing your dad who is healthy and self sufficient.

(2) Can you skip moving them to the Netherlands and just move them directly to the UK?

In theory you could try. Once you move to the Netherlands and have been doing real and effective work, you can experiment. You could try applying for an EEA FP for them (or more likely HER) to accompany to the UK. If they say "APPROVED", then you are free to go. If they turn her down, you can appeal and see how far you can take it.


BUT (IMPORTANT): UK sees Surinder Singh applying only to direct family members like husbands and wifes. They do not seem to like to apply it to unmarried civil partners of UK citizens, and would be even less likely to want to apply it to sick parents. See the threads by Rolfus http://www.immigrationboards.com/viewto ... ht=#496961 and his others. He has some appeals going on. See also http://www.immigrationboards.com/viewtopic.php?p=480968

[terriblefish]

(1) Is your mom and/or your father covered by the Directive going to the Netherlands?

The Dutch IND seem as evasive as UKBA. I've emailed them and got no response and didnt pick up my phone calls. the IND website doesnt give a comprehensive requirement for non-eea family members. The Dutch embassy here say call the IND.

can i actually apply for the family permit for my mum from her local embassy before i go to the Netherlands? (with a job there secured)
Better yet, can i apply for her from the UK?

*sigh* i might have to take a gamble...Unless anyone knows of a EU country which isnt going though a financial crisis, has good private healthcare and clear immigration policies? (Long shot) :]

(2) Can you skip moving them to the Netherlands and just move them directly to the UK?

In theory you could try. Once you move to the Netherlands and have been doing real and effective work, you can experiment.

i guess what i could do, is as soon as i get there, apply for the netherland Family permit for my mother, and then after 3 months (showing economical activity) apply for the UK family permit. .. though it might have to be 6 months.

BUT (IMPORTANT): UK sees Surinder Singh applying only to direct family members like husbands and wifes. They do not seem to like to apply it to unmarried civil partners of UK citizens, and would be even less likely to want to apply it to sick parents. See the threads by Rolfus http://www.immigrationboards.com/viewto ... ht=#496961 and his others. He has some appeals going on. See also http://www.immigrationboards.com/viewtopic.php?p=480968

wow, those were very insightful links. thanks!
but they were also very depressing. : (

While normally i would be up for a fight against the UKBA for my rights, with a sick mother in my arms, i'm not going to have the time or energy for that.

[laspo24]

Just not sure what will be the right way to go... I am a non EEA national married to an EEA national with 5yrs RC. now am looking to invite my mother and brother as my wife just gave birth to our second child. She wasnt here for the first and now i want her to come down this time to meet see both kids. what way will be better?

1 Should i send her an invitation letter to visit or should i apply for FP for the two of them?
2 secondly, she had an accident last 2yrs which is not properly treated and still disturb her. if she comes here will she need medical insurance b4 she could be treated as me and my wife re both working or will she be qualify for free treatment?
Any advise will be welcome. thanks

[terriblefish]

1 Should i send her an invitation letter to visit or should i apply for FP for the two of them?
2 secondly, she had an accident last 2yrs which is not properly treated and still disturb her. if she comes here will she need medical insurance b4 she could be treated as me and my wife re both working or will she be qualify for free treatment?
Any advise will be welcome. thanks

1. on a visit visa they can only stay for 6 months at a time. are you eligible for FP?

2. visitors dont qualify for nhs treatment unless its an emergency

[laspo24]

1 Should i send her an invitation letter to visit or should i apply for FP for the two of them?
2 secondly, she had an accident last 2yrs which is not properly treated and still disturb her. if she comes here will she need medical insurance b4 she could be treated as me and my wife re both working or will she be qualify for free treatment?
Any advise will be welcome. thanks

1. on a visit visa they can only stay for 6 months at a time. are you eligible for FP?

2. visitors dont qualify for nhs treatment unless its an emergency

*are you eligible for FP?[/quote]
Married to an EEA national doesn't it qualify my mum as a family member of an EEA national which is eligible for FP? please if i am wrong could someone do feel free to correct me. Thanks

[terriblefish]

parents need to be dependent, or qualify as an "other family member" to be eligible.

[laspo24]

parents need to be dependent, or qualify as an "other family member" to be eligible.

what do u mean by other family member or u mean older family member?

[Directive/2004/38/EC]

"other family member"

[siv123]

Hi, I am also considering to Apply for my dependent parents under EEA route. Can you please share your experience? What are the requirements for such famiy permit? Do you know any one who got this EEA family permit for dependent parents:

parents need to be dependent, or qualify as an "other family member" to be eligible.