Immigrationboards.com

Hi All,

So I am married to an EEA citizen and am myself a British citizen. More details here http://www.immigrationboards.com/immigr ... 20421.html


My father is currently waiting for his tribunal hearing for discretionary leave due to ill health and personal circumstances here in the UK.

His passport which is with the UKHO has expired since we made the discretionary leave application and is still with them.

If I find a job in an EEA country e.g. Ireland then is it possible for me to apply for his family-permit/visa while he is here in the UK and/or take him with me to that country?

* I can prove his financial dependence on me fairly easily I think.

Given his ill health it would be very difficult for me to move him along with my spouse but this seems to be the only semi viable way to get things done rather than fighting a system that is rigged against us.

Any help , ideas, sources would be much appreciated.

Thanks in advance

BClassBritish wrote:If I find a job in an EEA country e.g. Ireland then is it possible for me to apply for his family-permit/visa while he is here in the UK and/or take him with me to that country?

No.

The way that the SS route works is that you move the center of your life to an EEA country (that typically means your whole nuclear family), exercise treaty rights there, the longer the better AND your non-EEA family member joins you there.

It is the fact that the non-EEA family member joined you while you were exercising treaty rights that creates the SS route. So, the two of them have to occur together.

secret.simon wrote:

BClassBritish wrote:If I find a job in an EEA country e.g. Ireland then is it possible for me to apply for his family-permit/visa while he is here in the UK and/or take him with me to that country?

No.

The way that the SS route works is that you move the center of your life to an EEA country (that typically means your whole nuclear family), exercise treaty rights there, the longer the better AND your non-EEA family member joins you there.

It is the fact that the non-EEA family member joined you while you were exercising treaty rights that creates the SS route. So, the two of them have to occur together.

Okay so I get a job in Ireland and move there. And rent an apartment and pay the bills/tax etc.

My father some how gets his passport back from the UK HO and applies for an Irish visa.

Provided he gets the visa, and he joins me there then atleast he would be eligible for a family-permit?

BClassBritish wrote:

secret.simon wrote:

BClassBritish wrote:If I find a job in an EEA country e.g. Ireland then is it possible for me to apply for his family-permit/visa while he is here in the UK and/or take him with me to that country?

No.

The way that the SS route works is that you move the center of your life to an EEA country (that typically means your whole nuclear family), exercise treaty rights there, the longer the better AND your non-EEA family member joins you there.

It is the fact that the non-EEA family member joined you while you were exercising treaty rights that creates the SS route. So, the two of them have to occur together.

Okay so I get a job in Ireland and move there. And rent an apartment and pay the bills/tax etc.

My father some how gets his passport back from the UK HO and applies for an Irish visa.

Provided he gets the visa, and he joins me there then atleast he would be eligible for a family-permit?

Hasn't it expired?

BClassBritish wrote:Hi All,

...

* I can prove his financial dependence on me fairly easily I think.

Given his ill health it would be very difficult for me to move him along with my spouse but this seems to be the only semi viable way to get things done rather than fighting a system that is rigged against us.

Any help , ideas, sources would be much appreciated.

Thanks in advance

Your father is already in UK.

All as per:
http://www.immigrationboards.com/eea-ro ... l#p1425527

You assert you can prove financial dependency (although don't take that for granted; did I mention previously that HO plays hard ball, particularly with aged parents).

Father is clearly too ill to uproot and subject to a SS type adventure in a foreign country.
So, if you believe you have a dependent father who is in UK you can shoot for father's RC directly to confirm his status.
If HO raise objections then use arguments based around Pedro case law and similar.

Having made a UK visa application already any move to a.n.other EU memberstate (a la Surinder Singh) will be seen by HO for what it is;
and note that new rules (contrary to EU law) have just been brought in to clamp down on use of SS to 'abuse' the UK migration system.
So a SS sojourn could be a hiding to nothing.

Usual caveat applies (as per other thread): if you fail with father's RC application (either directly or after a SS trip and FP & etc) you will have little chance of subsequent UK visit visas being granted (because you have declared an intention to settle).
Good luck.

Sorry can you please ellaborate on this a bit more:

"So, if you believe you have a dependent father who is in UK you can shoot for father's RC directly to confirm his status.
If HO raise objections then use arguments based around Pedro case law and similar."

Also RC = ?

Many Thanks,

BClassBritish wrote:Sorry can you please ellaborate on this a bit more:

"So, if you believe you have a dependent father who is in UK you can shoot for father's RC directly to confirm his status.
If HO raise objections then use arguments based around Pedro case law and similar."

Also RC = ?

Many Thanks,

All covered at length in other thread.
Have you read up on guidance on Pedro yet?

RC = residence card/certificate.

noajthan and all other more experienced people over here,

If possible can you please PM me details of any good lawyers that understand this area of law?

So far the ones I have consulted have all given me conflicting advice and I am not sure how to proceed now

Many Thanks,

Unfortunately no one can PM you as you have yet to acquire 30 posts.

I think the advise your were given in regards to the human right application was really poor, and hence the situation your father finds himself in today.

BClassBritish wrote:noajthan and all other more experienced people over here,

If possible can you please PM me details of any good lawyers that understand this area of law?

So far the ones I have consulted have all given me conflicting advice and I am not sure how to proceed now

Many Thanks,

@BClassBritish, I have no recommendation for any lawyer/advisor in this specialised area.