Hi there all friends I am new to this forum and my question is regarding migrating to Ireland with family. to make things easier I will just try to explain everything step by step. but before that just a little overview of our immigration history.
I am 25 years old Pakistani national. Me and my mother (who herself is a Pakistani national) came to the U.K as visitors. My father who is a British national and was previously suffering from hepatitis C, sponsored us by presenting a G.P's letter stating that my father wasn't feeling well and we were coming to see him. We came in the U.K in 2009, with no intention of staying in the U.K but upon seeing my father's state we didn't went back to Pakistan.
I also have an older brother who is a British national currently working and settled in the UK.
well to add to our worries under the new rules we didn't fit in any category so rather unwillingly we applied under section 8 of the human rights.
Well as expected it got refused over and over again and we took it to court well first tire tribunal and the judge refused it yet again knowing the fact that we have no family back home, and all the family was present here, all the family and private life existed here however they still refused the case based on all the usual things.
Well now someone advised my father to use Surinder singh route in other words Exercise the right of free movement under directive 2004/38/EC.
Now the things I want to know are as follows
1: Step by step guide on how to and what to apply for?
2:What Documents are needed?
3: Being a 25 years old guy How would I prove that I am dependent on my father? Point to be noted here is that I came as a visitor had no status in the UK unable to work here I was in-fact my father's dependent but how to prove it?
4: Do We have to declare our UK immigration history? and would that have any effect on my new case in Ireland?
5:We don't have my passport ( now expired) it's still in the home office we are told that we can get a new one made from London high commission would authorities in Ireland not ask about the old passport?
6: Do we apply for a visa from the UK? or shall we join my father in Ireland and apply from within the state?
7: We have also consulted two solicitors one said that we need to apply for a type D visa? And we would have to declare the UK immigration history. My dad needs 6 months payslips and a few other documents in order for us to apply she also mentioned that it's probably ok for my mum to apply but for me it's going to be a bit difficult but not impossible. if we even do and declare our immigration history and get a refusal then what to do?
8:The second solicitor said we can just travel to Ireland with my father and apply from within the state and all my father needs is almost 2 months payslips, bank account, a house to live with our names included in the contract, etc then he can apply visa for us. I am confused as to what to go by?
8: All we want is to stay with my father he can't go back he has lived most of his life here in Europe and there are serious threat to his life in Pakistan so he can't travel back to Pakistan. We have no other options but to do this. we were very confident when we went to the court in the UK as our case was genuine we had genuine grounds but they refused our case due to their certain mind set.
9: Kindly tell me all the Do's and don'ts etc.
I do apologise to post such a long thing at very first instance. But the more I think about it the more I get confused and frustrated well to me I have wasted almost 7 years of my life.
can someone please advise me on to what would be the best course of action as I don't want to get out of the frying pan and into the fire.
I am thinking of it as a last resort although when I came here I had no idea I was breaking any law I am a law abiding citizen but being labelled as a culprit has done my head in.
As it is clear we are running out of time here. I need some serious advise as you all by far would have known that I am in a very very confused + traumatised state of mind.
I would be really obliged if anyone gets back to me as soon as possible.
please feel free to ask me any more questions if needed.
Regards,
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