Non EU extended family members of a British citizen - Please advice

[Rogerdewan16]

Hi All,

I am a British citizen, currently living and working in the UK , never lived in any EU countries more than few weeks. I have my elderly parents and 2 adult sisters, nationality of a non-EU country(India), living there depended on me. About 4 years back they come to visit me with family visit Visa , with financially depended on my father and myself but since then about 2 years back my father retired and then they all became depended on me. I send them money regularly.

Based on my situation can I sponsor my parents and sisters to come to UK as extended family members of EEA nationals ? What are my possible options to bring/settle them here(UK)?

If I need to execute free movement treaty by living to another EU country (3 months min) ,can I come back to UK and then apply for it or do I need to apply while I was there in the EU country(where I executed free movement treaty by living more than 3 months)?

What are my legal evidence to show that I executed free movement treaty?

To show that they are depended on me what evidence do I need to provide? If it is the evidence that I send money to them every month, is it by individual or just sending to my father is fine?

How much money every month do I require to send per person?

Please advise.

[CR001]

If you are only British, then no you cannot sponsor them under the EEA EU rules in the UK. You are not considered an 'eu' citizen in the country you are a national of. Domestic immigration rules apply and highly unlikely they would qualify for the adult dependent relative visa.

To use the surinder Singh route back to the UK, you need to exercise treaty rights as a qualified person in another EU state for more than 3 months AND your dependents need to live in the EU state with you under the EU rules. Ho would expect to see 6 to 12 months evidence in another state for all of you and evidence that you have moved the centre of your life out of the UK to the EU state.

You are really running out of time for any of this due to Brexit.

Are your sisters married, working, studying???

[Rogerdewan16]

Many thanks for your reply. My sisters are not married, currently looking for jobs after studies.
So You’re 100% confirmed that I cannot apply from UK, if I stay for about 4 months in a eu state and come back to uk and then apply ?
Is it the same for my parents?
Thanks.

[seagul]

if I stay for about 4 months in a eu state

UK is leaving EU in around 2.5 months (31st october)

[Rogerdewan16]

I doubt uk will leave . please advise considering UK is in the EU.
Thanks

[Casa]

Simply 'staying' in another EU state won't be sufficient to prove you have moved 'the centre of your life' there. This would require you to exercise your Treaty rights such as working, studying, self-sufficiency, integrating within the local community, registering with the authorities, a long-term rental contract or property purchase, learning the language etc., and have not continued to maintain a home in the UK.

If you have close family living in the UK (spouse and/or children), they will be expected to move with you. 4 months is not likely to be convincing and it may be obvious that the Surinder Singh route has been used purely to circumvent the UK Immigration Rules.

The UK interprets the SS rules to include the requirement for the family members to be residing in the EU state with the sponsor prior to entering the UK under the SS route.

[secret.simon]

I doubt uk will leave . please advise considering UK is in the EU.

I would be very cautious about making any such assumptions in the fast-changing situation regarding Brexit currently.

For Surinder Singh to apply under EU law (assuming that the UK does remain in the EU), two conditions must be met; you must exercise treaty rights in an EEA member-state of which you are not a citizen AND the family members you want to bring to the UK must reside with you in that EEA member-state while you are exercising treaty rights.

The UK also requires that you move the "center of your life" to that EEA member-state. A "qualifying British citizen" still needs to meet Regulation 9(2) and 9(4)(a) to be able to sponsor their family members.

Another very important factor to remember is that while dependent parents are direct Family Members, sisters are extended family members and do not have an automatic right to accompany you back. Further, there is no provision for extended family members in the Settlement Scheme. So, if the UK does exit the EU before you return, be aware that while your parents could accompany you back, your sisters may not be able to.

You could look at moving to another EEA member-state and settling there before Brexit and residing there for at least five years, so that your family can acquire permanent residency in that EEA member-state.

As this thread is primarily about the EEA routes, I will move this thread to the EEA-Routes Applications forum.

The UK interprets the Surinder Singh route rules to include the requirement for the family members to be residing in the EU state with the sponsor prior to entering the UK under the Surinder Singh route route.

That is actually a requirement of EU law, Casa. The SS route is engaged when family life is intertwined with the exercise of treaty rights. If the two occur separately, SS does not occur.

[Rogerdewan16]

Many thanks for your advice