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I am a British Citizen.Can my parents apply for EEA permit f

Posted: Wed Dec 28, 2016 10:00 pm
by negiyk
http://britcits.blogspot.co.uk/2016/11/ ... e.html?m=1
https://www.gov.uk/government/publicati ... h-citizens
New legislation has 6 complicated stages and seems hard to prove that you moved to EEA not free movement right. Please guide me.

I went through the link you sent and gone through all the 6 stages:

Stage 1: verify eligibility of applicant and sponsor to apply under Surinder Singh. The qualified person definition has changed so now the British citizen has to satisfy the same requirements, for the most part, as an EEA national e.g. be engaging in work, job seeking student or self-sufficient. Odd that on the same page as this is mentioned, the HO claims to be complying with the Eind case.

Yes I am going there for work and have a good offer from IT firm and going to be long term commitment I want to continue.

Stage 2: establish whether sponsor did exercise free movement rights in the EEA host country
Yes thats because of job offer

Stage 3: determine whether residence in the EEA host country was genuine; this includes the centre of life stuff, so still in there, still in breach of case law.

Yes will move family there, kids will go to school there, rent , all bills , bank account , driving licence etc

Stage 4: determine the purpose of the residence in the EEA host country; this is the key new bit and what we will concentrate on in this post.
because of job but its weird question here

Stage 5: obtain additional information if needed

Stage 6: decide the application


I think my case is genuine but I know the motive behind this, my mother came to UK 3-4 times on visiting visa and I am looking forward to apply 10 years visa for safe side, don't know if they refuse this application then at least she still have visa to travel to UK.

Honestly I don't understand what to do? immigration lawyers also not giving proper imp formation spent money on them also.

Re: I am a British Citizen.Can my parents apply for EEA perm

Posted: Wed Dec 28, 2016 10:40 pm
by Obie
Motive is an illegal factor to take account of, this is forbidden in EU law.

Re: I am a British Citizen.Can my parents apply for EEA perm

Posted: Thu Dec 29, 2016 9:04 am
by negiyk
Thanks Obie, do you think I should go for this and challenge HO on this point of the motive?

Re: I am a British Citizen.Can my parents apply for EEA perm

Posted: Thu Dec 29, 2016 9:05 am
by negiyk
And one more thing, should I apply Type C visa which I suppose from UK and Type D which is from home country? I know cases are still pending and it will take time might be more than a year