EEA Family Permit/Surinder Singh/Dependent Mother-in-Law

Hi there,

I appreciate this is a long text, so I appreciate anyone who gets to the end. I also apologise if this is in the wrong place.

The situation is a little complex, so for ease I will try to be as clear and succinct as possible.
There are four family members in question:

- myself, a British citizen

- my wife, a Ukrainian citizen with German residency

- my son, a Ukrainian citizen with German residency, eligible for British citizenship

- my mother-in-law, a Ukrainian citizen.

Allow me to describe what has transpired so far: my wife and I have been married for three-and-a-half years. We got married in Cyprus, where we lived for two years before moving to Germany in January 2018. In both Cyprus and Germany, my wife and son received residency.

In theory, this should allow us to apply for an EEA Family Permit under the Surinder Singh rules. This would then lead to Pre-Settled and Settled status under the current agreement between the UK and the EU.

The Surinder Singh route demands that we show proof of our integration in the third EU country — in this case, Germany. My wife and I are unsure that this is possible, for reasons involving my mother-in-law:

My mother-in-law is a widow. Four years ago she had cancer which she has never fully recovered from. Her health is such that she doesn’t require 24/7 care, but neither my wife nor I feel comfortable leaving her for long periods by herself. She has no family to speak of in her hometown, and no other children. As a result of this, she is completely financially dependent on us.

We had originally intended to acquire German residency for my mother-in-law in accordance with the EU law for dependent parents, but due to the Brexit uncertainty, the Foreign Office in Chemnitz (where we live) were unwilling to grant her residency, because of my uncertain status as an EU citizen going forward. This therefore meant she has only been able to visit us for 90 days every 180 days, and only when her health has permitted her to make the journey.

This has therefore led to my wife and son living a rather unsettled life, living partially here with me in Germany, and partially at home with my mother-in-law in Ukraine. As a result of this, they have not been able to integrate into German society as much as they would have originally wanted — for example, my wife doesn’t have a job here, and my son is not going to nursery here. These issues, as far as I am aware, would affect our ability to secure the EEA Family Permit via the Surinder Singh route.

As a result, we are struggling to attempt a move to the UK under current conditions because we’re unsure my family will get the necessary permits, and because there appears to be no way for my mother-in-law to join us in the country if we did.

I have a couple of questions:

1) My wife and son have visited my British family on three occasions with their Article 20 Residency card from Germany, which allows them to travel to the UK without a visa. Would it be possible to travel to the UK via that route (i.e. without an EEA Family Permit), and then apply for ILR once we're there?
2) If we do go Surinder Singh, what do you think our chances are of being accepted?
3) Is there any chance to get my MIL to Britain once we've eventually settled?

Thanks in advance to anyone who can advise on this situation. We're in a really tricky situation and mentally and emotionally, it's becoming super exhausting for everyone involved.

BradMarx90 wrote: ↑

Tue Dec 03, 2019 5:11 pm

due to the Brexit uncertainty, the Foreign Office in Chemnitz (where we live) were unwilling to grant her residency, because of my uncertain status as an EU citizen going forward.

I'm honestly surprised this refusal is even legal. The UK is still in the EU and you are currently residing in Germany. I would have assumed that, rgeardless of potential future events, they must issue the documents (but what do I know? Still appealed, though, and sorry to hear). For instance, the UK has not stopped issuing EEA documentation to EEA citizens just arriving into the UK (though provisions are already in place to replace them with the EU Settlement Scheme).

1) My wife and son have visited my British family on three occasions with their Article 20 Residency card from Germany, which allows them to travel to the UK without a visa. Would it be possible to travel to the UK via that route (i.e. without an EEA Family Permit), and then apply for ILR once we're there?

This is actually two questions:

a) Can she travel to the UK on her current residence card, to which you already have the answer: Yes
b) Can she apply to an adequate residence category once in the UK without having first a family permit, to which I answer: Yes, she can.

The family permit is there simply to facilitate the entry into the UK, but if the person can already do that then there is no need for it. It is the recommended and correct thing to do, but it's not absolutely necessary or mandatory.

2) If we do go Surinder Singh, what do you think our chances are of being accepted?

Each application is different and considered on its own merits. That being said, it looks like you have a strong case. The requirement to prove integration into the community is there mainly to prevent bogus applications of people who move to another EEA country with the sole purpose of later coming back and applying though Surinder Singh. Problem applications would typically involve very short periods of residence of only a few months.

Given you have been resident not in one but in two EEA countries, and that this has lasted for over a couple of years, I think it will be clear for the case worker that this is not an attempt to abuse the Surinder Singh route. That being said, gather all evidence you can of how your wife and son have spent ordinary life with you in Germany (doctor's registrations and appointments, bank accounts, mobile phone statements, then passport entry stamps or plane tickets showing substantial long residence in Germany as opposed to weekend stays, etc.).

3) Is there any chance to get my MIL to Britain once we've eventually settled?

Yes. There is a provision for dependent parents of yourself or your wife.