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calling dependents permanently
Posted: Mon Apr 29, 2013 3:10 pm
by raja999
Hi All,
Need help. I will be getting British passport soon (applied). I am working full time. Its seems now it not possible to call parents (one above 65) and dependent relatives( sisters) permanently to uk. I am reading about exercising EU treating rights.
Can i call my parents and dependent sisters with respect to
EU Law. I am willing to move to another EU country if i have to to bring my dependents .
Please can anyone explain to me if this is possible in any EU country and let me know how.
Thanks in advance
Re: calling dependents permanently
Posted: Mon Apr 29, 2013 5:05 pm
by the hurricane
raja999 wrote:Hi All,
Need help. I will be getting British passport soon (applied). I am working full time. Its seems now it not possible to call parents (one above 65) and dependent relatives( sisters) permanently to uk. I am reading about exercising EU treating rights.
Can i call my parents and dependent sisters with respect to
EU Law. I am willing to move to another EU country if i have to to bring my dependents .
Please can anyone explain to me if this is possible in any EU country and let me know how.
Thanks in advance
Yes you can exercise the EU treaty in another EU country. It is only possible to exercise the EU treaty in UK only if you have exercised it in another EU country first. To exercise the EU treaty for your parents and sister you will need to demonstrate that they are really depending on you ( it can be money transfer, bank wire transfert). I think it will be a bit tough for your sister since she doesn't have automatic right as your parents. Good luck
Posted: Mon Apr 29, 2013 5:28 pm
by Jambo
I believe the UK implementation of Surinder Singh would only consider married partners / CP of the British national. You will probably need to challenge this view in court.
Posted: Tue Apr 30, 2013 12:12 pm
by raja999
HI,
thx Jambo and the hurricane. The more i read the more im getting confused about it. Can Soneone else as well help. I am getting an idea from google that parents have automatic right and dependent relatives visa can also be applied.
I need to know how can i apply ..?what the process involved. from which country i should apply which have greater chance of success. any good lawyer someone know regarding EU route application..?
thx
Posted: Tue Apr 30, 2013 11:55 pm
by Obie
Parents do have automatic rights, provided they are assessed as genuinely dependant. If they are not dependant, they can only be considered for EEA family Permit, if they are member of your household, and in all the circumstance of the case, it is appropriate to issue them with a Residence Card. This indicates some form of discretion.
Now the UK unlawfully limit the scope of the Singh application to Family Members, within the meaning of Regulation 7 of the EEA Regulation. This means your parents may qualify if they are dependant, but your siblings will not. You may have to go to the high court on this.
This is an extremely tough step. It involves uprooting yourself from the UK, and reestablishing in another country, probably having to learn their language, and compete in their job market. Then applying from that state and if successful, then applying to come back to the UK.
It is a tough step, which require proper thought and preparation, if you are seeking to embark on it.
Posted: Wed May 01, 2013 11:42 am
by raja999
Hi,
Thx Obie for your valuable information. I am prepared to move to another country to call my dependents. If i do part time job in another country lets say Germany and on weekend i work in uk then would i will be allowed to apply for EEA family Permit or not..? How long do i have to stay another country..? how much money i need to put in bank..? how much much money i should be earning to sponsor my dependents.
thx