McCarthy in laymans terms

[MrMcCarthy]

Probably know the answer but ask anyway....

I am British by birth, adopted by an Irish/ British couple, always lived in the UK and had my Irish passport first issued 7 years ago or so - have "always" had a British Passport.

Spouse is South American, holds her birth nationality and became British 5 years ago.

Her mother/ my mother in law is mid 60s and the full time carer to her son/spouse's brother who requires 24/7 care. Her niece helps out a fair amount, and is also gives them GP services for free but has announced she's emigrating to Europe which leaves the MiL nervous of lack of support and now having to find the funds to pay for doctors.

Previously we have sent monies for one off things, big operations, replacing a water pump when it failed, repairs to the car, new fridge etc but will probably now have to start giving more regular assistance.

I work (somewhere between employed and self employed) and have done continuously for 20 years, pay my taxes, have PMI that would qualify as CSI and can comfortably afford to support them both financially here or there.

I initially assumed that I could apply as an EEA national and had an initial consultation with a national certified/ registered immigration advisor firm who advised that I would qualify under EU law and that this would be our only possible route whilst my MiL is still in reasonable health/ mobility etc. Reading on here however I've seen McCarthy mentioned a few times which seems to suggest my British nationality trumps my Irish and so no options via EU Legislation but I didnt understand one part on the McCarthy case which said it was as a) she had never exercised treaty rights and b) wasnt a qualified person. I dont know if the two have to be taken in conjunction or if I am just clutching at straws.

[noajthan]

There are two McCarthy case laws; forget that (original) Mrs McC now transposed into EEA Regs, she doesn't help you.

You are British and yes, even before Brexit, you and wife (also BC) cannot normally exercise any form of EU treaty rights in UK (your home country).

However you could undertake the Surinder Singh route by a sojourn in Europe where you still would be (for now) a Union citizen.

Prepare for massive disruption and upheaval.
You have to move your 'centre of life' to abroad; (this is a UK construct overlaid onto the cleaner, purer EU law).
That means house, job, wife, any children, dog - everything.
Non-EEA relatives join you there.
You work or run a business in the host state. (Not Ireland as you are Irish; so how about Anglophile Malta?).

You return to UK as a proxy EEA national.
But its probaly too late now for that to lead to PR for your dependents on your eventual return to UK; (Brexit exit is looming and acquiring PR takes 5 years).
However you may get as far as getting relatives into the UK (after 6 or 9 months or a year served in a.n.other memberstate).

The rest will depend on British sense of fair play and any transitional arrangements (yet to be put in place) for those still in flight on EU trajectory.

See https://www.freemovement.org.uk/surinde ... ion-route/

[MrMcCarthy]

There is a fairly high chance the MiL wouldnt want to leave "home" anyway so this is all fairly theoretical at this point but each event that happens makes her less sure and my wife more sure.

In theory, if I were to renounce my british nationality thus meaning I only have Irish would that change anything or would the fact I have self denied myself one route mean that I still cannot claim EEA rights despite now only being Irish?

Thanks again

[noajthan]

There is a fairly high chance the MiL wouldnt want to leave "home" anyway so this is all fairly theoretical at this point but each event that happens makes her less sure and my wife more sure.

In theory, if I were to renounce my british nationality thus meaning I only have Irish would that change anything or would the fact I have self denied myself one route mean that I still cannot claim EEA rights despite now only being Irish?

Thanks again

People including members here have done that. Topics to be found in the archives if you search.

All a bit drastic if MiL is dilly-dallying and you only have 2 years or so of EU membership to bank on anyway.
That's not enough time for MiL and BiL to acquire the holy grail of PR even if coming directly to UK.

Note HO plays hardball with visa requests (Family Permit) for aging parents and routinely deny them.
You will need rock-solid evidence of dependency.

Its even harder for extended family members eg BiL (and no concessions on health grounds).
You are likely to have several months/years of a battle on your hands and may not get all relatives over the threshold.

[MrMcCarthy]

All a bit drastic if MiL is dilly-dallying and you only have 2 years or so of EU membership to bank on anyway.
That's not enough time for MiL and BiL to acquire the holy grail of PR even if coming directly to UK.

Not dilly-dallying, despite its problems she loves the country she was born and lived in for 60+ years but there is basically no social care for the elderly or handicapped so family have to take that role. As more distant relatives have died or left the country it increasingly means that we will pick up the responsibility and thus we will all need to live in relative proximity. So they come here or we go there. Either way its a big change and as one forced by circumstances no one really wants it.

Option B will be giving up career and move to South America so a major cap on earning potential and with the current issues they have then also likely to have to give up medication as even if you can afford to buy them there are almost none available. We paid for an urgent operation 9 months ago but it hasnt happened yet as the private hospital cannot obtain the tools they need despite it costing 15x what the same operation would be under private care in the UK.

Giving up a nationality potentially feels less drastic

Many thanks for your help and suggestions

[noajthan]

Giving up a nationality potentially feels less drastic

Many thanks for your help and suggestions

Even if you give up British citizenship and rely on Irish citizenship you don't have time (if Brexit really happens) to steer the in-laws through to PR status in UK in the normal way.
You will only have a 2 year (or thereabouts) window.
And you will probably face time-consuming challenges getting one or both into the country in the first place.

Good luck.

[Petaltop]

Giving up a nationality potentially feels less drastic

Many thanks for your help and suggestions

Even if you give up British citizenship and rely on Irish citizenship you don't have time (if Brexit really happens) to steer the in-laws through to PR status in UK in the normal way.
You will only have a 2 year (or thereabouts) window.
And you will probably face time-consuming challenges getting one or both into the country in the first place.

Good luck.

Would his wife have to give up her BC too to bring her family?

Spouse is South American, holds her birth nationality and became British 5 years ago.

[noajthan]

Would his wife have to give up her BC too to bring her family?

Spouse is South American, holds her birth nationality and became British 5 years ago.

I wondered about that.
As a Union citizen (only; non-British), OP could sponsor in-laws (relatives of his wife).

The grey area is whether OP needs to be sponsoring a non-EEA wife at the time;
obviously he can't at the moment as she is a BC too (no doubt after a long and arduous migration journey that she may not wish to throw away willy-nilly).