Relocating to Ireland or UK for AD Parents under EU FM route

Bobthemoggie wrote: ↑

Tue Apr 03, 2018 6:46 pm

Hi Guys,

Need expert advise on few points below.
Current Situation:
BC is exercising Treaty rights in a member state in EU Schengen zone as salaried worker, from more than a year or so.
After long wait, Dependent parents(direct ascendants) have received Article 10 RC from the EU member state.
Apart from above ADR, family has a minor child (non-EU & entitled for CoE), who also has managed to get Article10 RC from EU member state.
Due to job situation & job continuity prospects, BC would prefer to move to UK/Ireland.
Would like to find out (in few months time from now)-what are our options & success possibilities for scenarios like-
A) To move to Ireland (ROI)
B) Complete the SS and return to UK.

:COL situation:
*Positive*
- Joined local library & participated in few activities occasionally
- Participated in local citizen activities on couple of occasions.
- Registered on same address(tenancy agreement & on council record) & living together for nearly a year+
- BC has taken out local compulsory health insurance
- BC has kept visits to UK at absolutely minimum (just 1/2 times in a year)
*Negative*
- Haven't managed to learn local language as its very difficult and time consuming
- BC's BC spouse has very recently moved to UK, as wasn't able to find job in EU region.
- BC's BC spouse present in tenancy agreement but not registered with local council / local tax authorities
===========================
::Additional::
-ADR & minor child has taken longer breaks (upto 4-5 months) , on their Article 10 RC, to go out to their non-EU native place (but it won't extend beyond 6 months permissible period). Even during this period BC is supporting ADRs financially.

- We have recently experienced tremendous challenge in going on short holiday to Ireland (even with Article 10 RC), as budget airline was reluctant to taken on ADRs without Irish stamped visa. Also, Irish border control didn't stamp the non-EU passports, so we don't have any proof that we ever visited Ireland.

As time is ticking, need to carefully plan next move to Ireland / UK.

Although, Freedom of movement enables easy movement across EU member states, but switching jobs & arranging accommodation (Finding family accommodation takes time) & actually moving together are the big hurdles.
::In Case of Ireland (*we'll be giving up our aspiration to return to UK, under SS, in this case)::
- If BC finds a job in Ireland & joins new job
(1)- Will he be on later date, able to bring his non-EU ADRs (who are having Article 10 RC, by other EU state) easily to Ireland (from current EU member state)?
(2) Will it be possible to directly fly them over directly from non-EU destination (if they're still on their holiday / RC absences at that time) to the Ireland?
(3) Considering they arrive say by July/August, will they be able to
get Irish RC (under EU directive) considering brexit deadlines?

In case of UK - completing SS
(1) Will BC's non-EU ADR, be able to enter into UK on their Article 10 RCs alone? (They won't have UK EUFP)
(2) What are success chances of they getting Article 10 RC in UK, under SS route?
(3) Worst come worst scenario, in case of rejection/refusal on all stages in UK- will non-EU FM be provided with timeframe to leave UK on their own/ will they be subject to severe actions like- detention/deportation? [...Have heard about few horrible stories somewhere so bit concerned]

Kindly provide your expert opinion, experience.

Thanks a lot in advance
Cheers,

Bobthemoggie wrote: ↑

Sat Apr 07, 2018 7:54 pm

Hi All

Wanted to check if you have any thoughts, suggestions on below query?
Awaiting for your valuable response.

Cheers,

Bobthemoggie wrote: ↑

Tue Apr 03, 2018 6:46 pm

Hi Guys,

Need expert advise on few points below.
Current Situation:
BC is exercising Treaty rights in a member state in EU Schengen zone as salaried worker, from more than a year or so.
After long wait, Dependent parents(direct ascendants) have received Article 10 RC from the EU member state.
Apart from above ADR, family has a minor child (non-EU & entitled for CoE), who also has managed to get Article10 RC from EU member state.
Due to job situation & job continuity prospects, BC would prefer to move to UK/Ireland.
Would like to find out (in few months time from now)-what are our options & success possibilities for scenarios like-
A) To move to Ireland (ROI)
B) Complete the SS and return to UK.

:COL situation:
*Positive*
- Joined local library & participated in few activities occasionally
- Participated in local citizen activities on couple of occasions.
- Registered on same address(tenancy agreement & on council record) & living together for nearly a year+
- BC has taken out local compulsory health insurance
- BC has kept visits to UK at absolutely minimum (just 1/2 times in a year)
*Negative*
- Haven't managed to learn local language as its very difficult and time consuming
- BC's BC spouse has very recently moved to UK, as wasn't able to find job in EU region.
- BC's BC spouse present in tenancy agreement but not registered with local council / local tax authorities
===========================
::Additional::
-ADR & minor child has taken longer breaks (upto 4-5 months) , on their Article 10 RC, to go out to their non-EU native place (but it won't extend beyond 6 months permissible period). Even during this period BC is supporting ADRs financially.

- We have recently experienced tremendous challenge in going on short holiday to Ireland (even with Article 10 RC), as budget airline was reluctant to taken on ADRs without Irish stamped visa. Also, Irish border control didn't stamp the non-EU passports, so we don't have any proof that we ever visited Ireland.

As time is ticking, need to carefully plan next move to Ireland / UK.

Although, Freedom of movement enables easy movement across EU member states, but switching jobs & arranging accommodation (Finding family accommodation takes time) & actually moving together are the big hurdles.
::In Case of Ireland (*we'll be giving up our aspiration to return to UK, under SS, in this case)::
- If BC finds a job in Ireland & joins new job
(1)- Will he be on later date, able to bring his non-EU ADRs (who are having Article 10 RC, by other EU state) easily to Ireland (from current EU member state)?
(2) Will it be possible to directly fly them over directly from non-EU destination (if they're still on their holiday / RC absences at that time) to the Ireland?
(3) Considering they arrive say by July/August, will they be able to
get Irish RC (under EU directive) considering brexit deadlines?

In case of UK - completing SS
(1) Will BC's non-EU ADR, be able to enter into UK on their Article 10 RCs alone? (They won't have UK EUFP)
(2) What are success chances of they getting Article 10 RC in UK, under SS route?
(3) Worst come worst scenario, in case of rejection/refusal on all stages in UK- will non-EU FM be provided with timeframe to leave UK on their own/ will they be subject to severe actions like- detention/deportation? [...Have heard about few horrible stories somewhere so bit concerned]

Kindly provide your expert opinion, experience.

Thanks a lot in advance
Cheers,

shpirtshqipe wrote: ↑

Fri Apr 13, 2018 5:58 pm

Hi,

I might have gotten your original post wrong however, in my non expert opinion;

1.
SS Route back to the UK criteria has changed and they are now even more stringent on the type of evidence you provide. So going back there may have less chances of success. This is not even considering what rights will your dependent relatives retain when Brexit has officially happened.

2.
SS Route to Ireland would logically be your best bet since you will still be considered a EU Citizen whilst the UK remains a EU member. Obviously the SS Criteria needs to be met, for your dependent relatives Residence Card to be granted. It may be useful to research if Guaranteed rights of UK Citizens in Ireland after Brexit mean they are also extended to relatives too.

Whichever Route you decide to take, be aware that your current parents Residence Permit May become invalid.

All the Best!

raja.brit wrote: ↑

Sat Apr 14, 2018 5:53 pm

Hi bobthemaggie,

I suggest you go through the following links of my topic. I have explored both SS UK Route Vs Continue Excercising EU Treaty Rights in Ireland for my mom.

I suggest you settling in Ireland until you get mom's PR or Citizenship (After 5yrs, hoping Brexit wont impact your life in Ireland) and then look into moving to the UK.

Clock is ticking as Brexit is around the corner.

eea-route-applications/surinder-singh-b ... l#p1367989

eea-route-applications/surinder-singh-p ... l#p1401371

I hope it heps. All the best!