surinder sing rout for mother visa

[naumanch]

hi all
could any one help please
as i m british moved to italy in jan 2019 working there full time while work part online in uk having my own co i was looking after the affairs online.

i applied my mum italy visa from pakistan which they issued 3.5 months visa before she has uk 5 years visit visa. we both are in uk now and want to go italy to apply my mum 5 years article 10 card but lockdown situation and she is diabetic so we delayed.

some one told me now the deadline to comeback in uk for those relationship begain in transnational period is 31st december 2020.

so in this situation what we should do,
1. go to italy and apply article 10 card first and come back using visit visa one she already have or wait there untill we got card process is 3 moths.
2. apply directly in uk not to go italy.
3. what are the deadline please advise.
4. what are the chances/timeline mum will got her visa in uk
thanks

[kamoe]

i applied my mum italy visa from pakistan which they issued 3.5 months visa before she has uk 5 years visit visa

Did your mother live in Italy while you were working there?

[naumanch]

hi dear
no mother is in uk never entre italy yet

[kamoe]

hi dear
no mother is in uk never entre italy yet

Then she is not eligible for Surinder Sing I'm afraid.

[naumanch]

thanks dear
what if we go to italy and get article 10 and come back.

[Zerubbabel]

You can apply for an EEA card for your mother in Italy before the end of this year. However, Italian authorities would need to see you living genuinely there. If you are in an Airbnb and working remotely for your business in the UK, I am not sure you will qualify to sponsor a relative.

Most EU countries need to the see the sponsor established. This means registered for taxes, registered with health system, having a job there, a revenue or funds... etc. You can't just travel to Italy quickly, sponsor your mother, get her an EEA card then come back immediately to the UK using Surinder Singh.

You will have 2 issues:

- Italian authorities to get an EEA card for your mother. You probably need to see with a solicitor there to learn about local practices in this mother.

- British authorities as they need to see that you genuinely lived in Italy and not just held a minimal footprint in order to use Surinder Singh.

Read eligibility here:
https://www.gov.uk/family-permit/surinder-singh

[naumanch]

You can apply for an EEA card for your mother in Italy before the end of this year. However, Italian authorities would need to see you living genuinely there. If you are in an Airbnb and working remotely for your business in the UK, I am not sure you will qualify to sponsor a relative.

Most EU countries need to the see the sponsor established. This means registered for taxes, registered with health system, having a job there, a revenue or funds... etc. You can't just travel to Italy quickly, sponsor your mother, get her an EEA card then come back immediately to the UK using Surinder Singh.

You will have 2 issues:

- Italian authorities to get an EEA card for your mother. You probably need to see with a solicitor there to learn about local practices in this mother.

- British authorities as they need to see that you genuinely lived in Italy and not just held a minimal footprint in order to use Surinder Singh.

Read eligibility here:
https://www.gov.uk/family-permit/surinder-singh

thanks dear
as i am living and working there from last two year and i can get my mum article 10 card which is not a problem i already have all documents only concern is my mum will get article 10 card in three months time so it is hard for us to return before 31st decmber 2020.
so what options we have left can we come back and apply in march may be ?
thanks

[kamoe]

as i am living and working there from last two year and i can get my mum article 10 card which is not a problem

You do not understand. It is not enough that you have lived in Italy by yourself. Your mother had to have lived there with you while you were exercising treaty rights, or she's not eligible. In other words:

1. Your residency period in Italy while your mother was not living there with you will NOT count towards her eligibility for Surinder Singh.
2. Time spent living in Italy will start counting the moment you both start living in Italy.
3. If she is not living in Italy with you by the end of 2020, then she will not be eligible.

i already have all documents only concern is my mum will get article 10 card in three months time so it is hard for us to return before 31st decmber 2020.
so what options we have left can we come back and apply in march may be ?

No, that will not be possible. She has to have started living in Italy by the end of 2020, or she will not be eligible.

Again, going there, getting card, then immediately coming back will likely not count towards a valid and genuine residency period. She will have to have made the centre of her life in Italy (engage in work or community life, learn the language, etc.), not just a visible temporary stay with the sole purpose of being eligible for Surinder Singh. I'm afraid case workers are well trained to spot this, so unless you genuinely move to Italy and start a new life there, this does not have much chances to work.