Surinder Singh Route for Parent

[dtm1]

Hi,

Start off by saying thanks to everyone on here who's contributed to this massive knowledge database of a forum- there's so much info on here that perhaps even solicitors are unable to help with!

I am moving to the Netherlands to work for my UK employer's Dutch office and during this process I wish to bring my recently widowed mother over via the Surinder Singh route to the UK eventually when I return from the Netherlands. She's the only surviving member of my family back home (I am her only child here in the UK and all her living siblings and their respective families are also in the UK - she lives on her own and is financially dependent on me fully - no property, etc).

Now to what I think I need to do :

1. To exercise EU rights - could I be paid by my UK office or do i need to be paid by the local Dutch counterpart?

2. I read that intra-company transfers may not qualify as exercising EU laws- however, if I were paid by the Dutch office in euros, does this still amount to an intra-company transfer ?

3. To provide proof of residence for my mother, I intend to apply for a Dutch resident card for my mother. Should I do this when I apply for one for myself? I understand that there are no rules as to what evidence one should provide for her stay with me in the Netherlands, but what else in your opinion can help with strengthening our case?

4. Once the EU resident permit is obtained in the Netherlands : apply for EEA Family permit.
Can she apply for this after she enters the UK ? Or does it need to be prior to entering the UK? At an airport or much before travel plans to the UK?

She currently has a UK tourist visa - would applying for a family permit supersede this tourist visa? Are we risking her tourist visa being cancelled if in case the FP is initially rejected ?

Would be grateful for your valuable views on the above and also your personal experiences/lessons learnt during (un)successful applications?

I intend to keep this thread alive throughout my journey in order to try and share my learnings from this process for those applying in the future.

[euroguys]

My thoughts would run like this on two of your points .

First get your Mum to Holland and get a residence card

Second come back with her at some point on holiday and if whilst doing that you decided suddenly and apon reflection to stay She could apply if you wish for a UK residence card in country

As to your company questions keep researching

[dtm1]

...

Second come back with her at some point on holiday and if whilst doing that you decided suddenly and apon reflection to stay She could apply if you wish for a UK residence card in country

Thanks Euroguys! Are you implying that we could possibly skip applying for a FP and directly apply for the EEA2 when in the UK?

[Jambo]

Surinder Singh has some gray areas which would be wise to avoid unless you wish to go into legal battle with the HO.

* I would go for a local contract paid and taxed locally.
* By applying for EEA FP, your mother declares her intentions are to settle. If she is refused, it is likely her tourist visa will get curtailed as her intentions have changed.
* the disadvantage of skipping the EEA FP is that you might find out you have missed something and it's too late to fix it as you are already back.

[dtm1]

Thanks for this insight Jambo

Too address your first point, I think I can ask my UK employer to provide me with a Dutch contract and pay taxes locally.

However, what concerns me is jeopardizing her current tourist visa - the FP is only valid for 6 months ? Would applying for this 6 month entry imply intentions to stay on indefinitely? I suppose if she already has a tourist visa she would only require this for eventual indefinite stay

I don't want to risk this but at the same time can't see other alternatives at this point.

What would you suggest I need to look into as mitigation?

[dtm1]

Surinder Singh has some gray areas which would be wise to avoid unless you wish to go into legal battle with the HO.

* I would go for a local contract paid and taxed locally.
* By applying for EEA FP, your mother declares her intentions are to settle. If she is refused, it is likely her tourist visa will get curtailed as her intentions have changed.
* the disadvantage of skipping the EEA FP is that you might find out you have missed something and it's too late to fix it as you are already back.

Jambo - having looked at the VAF5 form, it perhaps would look silly to use it when in the Netherlands especially since my mother would at the time possess a visa to enter the UK.
I refer to answering questions such as :

What is the main purpose of your visit to the UK? >>>> How long do you intend to stay in the UK?


One is required to apply for EEA FP to enter the uk whilst in my mother's case this is already covered with her tourist visa- so perhaps I am thinking I should use the EEA2 option directly. Any thoughts on this?