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Older Dependant via EEA Route

Posted: Tue Aug 19, 2014 9:10 am
by mkzp
Hi,

My mother is 59 years and is a widow from India and is looking to settle in the uk
All of her immediate family are in England and she has been coming over on and off on a 6 months visa for the past 5 years

We have been made aware that we can not apply for her to settle under the grounds through the home office to apply for her to settle here

I have been made aware that she may be eligiblee to get stay in the Uk via the EEA-Route by applying via Ireland

Not sure if this is correct or not, Any information or referrals to any immigration solicitors in West Midlands who may be able to help will be very helpfull

Thanking you in advance for any responses

Re: Older Dependant via EEA Route

Posted: Wed Aug 20, 2014 12:49 pm
by desertman
Yes you can invite your mother by following SS EEA-route. But she will need to stay around 3 months of time period with you in Ireland (not 100% sure about the time period to stay) and then enter in UK on FE, after entering UK she will need to apply for EEA2 that will be for 5 years.

Re: Older Dependant via EEA Route

Posted: Wed Aug 20, 2014 11:21 pm
by rosebead
Yes you can take your mother to Ireland or any non-UK EU country for a period (at least over 3 months but more realistically 6+ months to fulfil the UK's illegal 'centre of life' requirement) and then re-enter the UK under Surinder Singh case law (implemented as Regulation 9 of the Immigration (EEA) Regulations). For the UK's EEA Family Permit (entry visa) your mother will need to be able to demonstrate that she has been dependent on you - a short period of dependency is unlikely to cut it with the UKVI. She will also have to prove that your centre of life was transferred to your host EU country and that you were exercising Treaty rights as a worker or self-employed person in your host country.

Re: Older Dependant via EEA Route

Posted: Tue Aug 26, 2014 3:12 pm
by mkzp
Thank you for your help

Is anyone aware of any solictiors who can help me with this process and also has anyone used this route to being their elderly paerent into the Uk

Thanks Again

Re: Older Dependant via EEA Route

Posted: Thu Sep 04, 2014 6:31 pm
by Babajee85
Hi,

Can I do the same thing for my brother who is 25 years old and living in Pakstan.I am British national and doing full time job in UK. If i moved to Ireland or any European country can he apply as EEA dependent ?

Please advise

Re: Older Dependant via EEA Route

Posted: Thu Sep 04, 2014 6:45 pm
by ruthie
Babajee85 wrote:Hi,

Can I do the same thing for my brother who is 25 years old and living in Pakstan.I am British national and doing full time job in UK. If i moved to Ireland or any European country can he apply as EEA dependent ?

Please advise
Your case is not exactly the same as OP's. Dependent parents are regarded as 'direct family members' according to EU law. But your brother, if he is dependent on you as described, is an 'extended family member' whose eligibility under SS is much trickier. As I know, UK is quite reluctant to allow extended family member to benefit from the SS ruling.