surrinder singh case is going to be helpful for me?

star001 · Post by **star001** » Mon Sep 03, 2012 10:11 pm

hello ,
please help me out,i am British national currently working is Spain from last 1 year and my mother is with me as a non eea family member of eu national, she currently have 5 year resident card from Spain,i am planing to go back to uk ,will surrinder singh case is going to be helpful for me?
if yes what documents i need?
will i have to put the case with article 8 as well?

Post by **EUsmileWEallsmile** » Mon Sep 03, 2012 10:22 pm

The Immigration (European Economic Area) Regulations 2006, regulation 9 (google it).

Post by **Directive/2004/38/EC** » Mon Sep 03, 2012 11:31 pm

Why do you think regulation 8 is relevant?

So in general one can not move with parents. On what basis was your mother admitted as a family member to spain? Do those conditions still hold?

star001 · Post by **star001** » Tue Sep 04, 2012 10:56 am

well,i had applied for my mother is past for uk while i was living and working in uk for Elderly dependent visa ,ukba refused it bcos sh is under 65 year and they think she is not dependent on me that was last year,we appealed ,but the decision was same,
i had left with no choice either go back to india to take care of my mother or move to any other country so i moved to Spain ,
I applied for mother eea dependent visa on this base that there is no one to take care of my mother in india ,which is true ,she dependent on me ,and the result was 5 year eea dependent visa ,and she is here with me from last 8 months ,
Is it possible for us to g back to UK together ? which category should we apply?
what we need to show?

Post by **Directive/2004/38/EC** » Tue Sep 04, 2012 1:30 pm

Why do you think regulation 8 is relevant?

Have you been working or self employed in Spain?

star001 · Post by **star001** » Tue Sep 04, 2012 6:21 pm

hi thanks for replying,i been working and self employed both all the time in Spain, article 8 is for human right i think and if surrinder singh case is not relevant for me so may be this is the option for me ? Because my wife and kids are still in UK and our family life is suffering a lot
thanks

Post by **Directive/2004/38/EC** » Tue Sep 04, 2012 11:23 pm

star001 wrote:well,i had applied for my mother is past for uk while i was living and working in uk for Elderly dependent visa ,ukba refused it bcos sh is under 65 year and they think she is not dependent on me that was last year,we appealed ,but the decision was same,

Couple of thoughts:

(1) You have been working in Spain, and so in general the Singh ruling will apply to your family members when you return to the UK

(2) In the past UKBA took an approach that only the family members directly mentioned in the Singh case could qualify. Recently they have been also accepting Other Family Members (link), which includes common law partners

(3) Your mother, if dependent, is considered a direct family member (link), for whom the free movement directive fully 100% applies

Note that your mom is a direct family member if she is dependent on you. In this case I assume she lives with you, and you provide all her money.

(4) Most of the direct family members listed above can have the relationship proven with one piece of paper. A marriage certificate, or a birth certificate. Dependent parents do not have the same trivial proof. But it should not be hard.

(5) I do not know the requirements for a UK "Elderly dependent visa", but in general the requirements for EU free movement visas are a lot lower.

Will this be your first application for your mom since you left the UK?

star001 · Post by **star001** » Wed Sep 05, 2012 3:22 pm

thanks for your help,
yes this is going to be first application since i left UK, as she have dependent visa on me in Spain,is this is not going to be enough to prove that she is dependent on me ,i will have my birth certificate and western union money transfer receipts from Spain and UK to prove her financial dependency on me.

Post by **Directive/2004/38/EC** » Wed Sep 05, 2012 3:28 pm

star001 wrote:thanks for your help,
yes this is going to be first application since i left UK, as she have dependent visa on me in Spain,is this is not going to be enough to prove that she is dependent on me ,i will have my birth certificate and western union money transfer receipts from Spain and UK to prove her financial dependency on me.

I assume she has a Residence Card for the family member of an EU citizen right now issued by Spain?

Her RC does not in itself prove anything other than that the Spanish decided to give it to her. It does not prove dependence.

But when you applied for it, I assume you had to show she was dependent. So similar evidence can be used for the UK.

Is she living with you in Spain? Is she still dependent on you? For the recent period I assume you will not have western union receipts.

star001 · Post by **star001** » Wed Sep 05, 2012 4:12 pm

yes ,she does live with me here in Spain and have residence permit.Western union receipts are from past.
What kind of documents do i have to show now while she is not working and living with me?
please help and in what category i do need to apply?which application form i have to use?

Post by **Directive/2004/38/EC** » Sat Sep 08, 2012 2:43 am

star001 wrote:yes ,she does live with me here in Spain and have residence permit.Western union receipts are from past.
What kind of documents do i have to show now while she is not working and living with me?
please help and in what category i do need to apply?which application form i have to use?

You need to apply for an EEA Family Permit for her.

See the section "2.1.4. Dependent family members" on page 5 of http://dl.dropbox.com/u/27885818/ec/com ... -313en.pdf for more details of "dependency". It is carefully written.

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surrinder singh case is going to be helpful for me?

surrinder singh case is going to be helpful for me?