Immigrationboards.com

I tried to search the forum but could not find a similar post.

I wanted to know if one has failed to get the Article10 card (i.e. failed to secure resident card under EU Treaty Rights) can they still come to UK and apply for UKRC?

Presumably you are asking about your parents??

ireland/refusal-for-eu4-review-process- ... 54022.html

You do realise that Ireleand and the UK share immigration data and information.

Capricorn wrote: ↑

Wed Dec 18, 2019 10:14 am

can they still come to UK and apply for UKRC?

The right thing to do is to obtain a Family Permit first in their home country, and then come to the UK. NOT come to the UK on a visitor's visa and then attempt EEA documentation, as it seems you tried to do it the past.

You never answered the very key question asked by @Mal111, in the post referred to by @CR001 above:

Mal111 wrote: ↑

Tue Apr 24, 2018 12:48 pm

Capricorn
Did your parents enter Ireland legally did they have a valid permit or even a visit visa to enter Ireland?

If they did not have a valid Irish visa, I'm afraid it just normal your case triggered red flags and grounds for suspicion and hence why your previous Irish applications might have been unsuccessful.

It is definitely no good that you have a previous unsuccessful application with the reasons for refusal as you have stated, but you cannot turn back time. Every case is different, and you might have now a stronger case, so the best possible thing you can do now is to start with a clean slate and make a fresh application, in the right order: Family Permit first, in their Home country, then RC. You might or might not be successful, but that's the correct thing to do.

I think yes you can apply, I talk to few solicitors in UK. I m planning to do samething. please keep updating us from your progress.

A surinder singh applicant which op appears to be, will need to apply from the country in which the family are exercising treaty rights.

kamoe wrote: ↑

Wed Dec 18, 2019 12:40 pm

Capricorn wrote: ↑

Wed Dec 18, 2019 10:14 am

can they still come to UK and apply for UKRC?

The right thing to do is to obtain a Family Permit first in their home country, and then come to the UK. NOT come to the UK on a visitor's visa and then attempt EEA documentation, as it seems you tried to do it the past.

You never answered the very key question asked by @Mal111, in the post referred to by @CR001 above:

Mal111 wrote: ↑

Tue Apr 24, 2018 12:48 pm

Capricorn
Did your parents enter Ireland legally did they have a valid permit or even a visit visa to enter Ireland?

If they did not have a valid Irish visa, I'm afraid it just normal your case triggered red flags and grounds for suspicion and hence why your previous Irish applications might have been unsuccessful.

It is definitely no good that you have a previous unsuccessful application with the reasons for refusal as you have stated, but you cannot turn back time. Every case is different, and you might have now a stronger case, so the best possible thing you can do now is to start with a clean slate and make a fresh application, in the right order: Family Permit first, in their Home country, then RC. You might or might not be successful, but that's the correct thing to do.

Hi and sorry for not replying earlier. I entered with my parents in Ireland not illegally but they did not had any pre-authorisation like a visit visa etc. This is standard route that any EU citizen exercising their treaty rights can go to an immigration post and request entry for their dependants. In our case, there wasnt an immigration post hence we applied once we arrived in Dublin. I dont think that is the cause for refusal as alot of ppl have successfully done this.

Considering your suggestion, to apply for FP from home country, isnt this the one that UK has almost closed due to the way they interpret the requirements and how its almost impossible for people to prove it? Isnt this the same as dependant visa for elderly parents? or am I mixing things?

Obie wrote: ↑

Fri Dec 20, 2019 2:29 am

A surinder singh applicant which op appears to be, will need to apply from the country in which the family are exercising treaty rights.

Hi Obie, I was actually waiting for you to reply. Can you please elaborate this point? if I am a BC exercising my treaty rights in Ireland, then how and which application can I apply for to execute Surrinder Singh? Do I need to apply to the UK embassy in Ireland and will it be Family Permit application?

Are your parents now legally residing in Ireland?

NatCam wrote: ↑

Fri Jan 03, 2020 10:26 am

Are your parents now legally residing in Ireland?

If you read through the link I already posted above, you will see that the parents have no legal status in Ireland, their applications have been refused.

Hi

I am trying to find the right approach of executing Surrinder Singh but confused in the labyrinths of the system.

History is as follows:

1- BC executing treaty rights in Ireland for over 2 yrs (accepted by Irish authorities)
2- Parents applied for dependency (EU1) in Ireland but refused on lack of dependency proof provided (appeal/review also rejected)
3- Ready to file a new application submitting further proof

However I want to go back to UK and bring my parents with me.

They have UK visit visa still valid (they got 5 yrs visa in the past)

What I need to find out:

1- Do they need to apply for EEA FP via UK Embassy in Ireland?
2- Or come to UK on their visit visa and request Code 1A (EEA Dependent stamp) at airport?
3- Or come to UK on visit visa and once in the country apply for UK RC?
4- Or use the EU Settlement Scheme and apply for Pre-Settled Status?


Note: They have 7 days left on their GNIB card showing validity till 7th Feb, however the appeal refusal said they dont have any status in the state, so I assume in the INIS system the refusal already had the card revoked

Apply for EEA family permit from Ireland.

to apply for Family Permit, do they need their residency card or any proof from Irish authorities of living in Ireland?

Has anyone applied for EEA FP for UK without Art 10 card?

Capricorn wrote: ↑

Wed Feb 12, 2020 3:55 pm

Has anyone applied for EEA FP for UK without Art 10 card?

Anyone??