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UK resident permit for NON-EEA dependent parent

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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njoseph
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Joined: Tue Oct 30, 2001 1:01 am
Location: London

UK resident permit for NON-EEA dependent parent

Post by njoseph » Fri Nov 18, 2016 1:49 pm

Hi
I am looking for bit of advice here on EEA visa permit. I am an Irish national living and working in republic of Ireland. I have two siblings living in UK and they have British nationalities.
We have a windowed father(non-EEA national) who had lived alone in his home country for some sometime after our mother passed away. I managed to get him here with me in Ireland on stamp 0 now (after proving our relationship and his dependency) which is renewable each year.
He wants to live in UK with my other siblings due to family dynamics but UK has made having older dependent parent living in UK very difficult process(as all SS route would understand).
I am looking for advice on how can we get my father resident permit in UK without me actually resigning from my very good job and relocating to UK. My firm is ok for me to work remotely from UK (but will not transfer due to certain policies) but I will not be paying UK taxes and that is the bit I am confused about.
Any suggestions please.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: UK resident permit for NON-EEA dependent parent

Post by noajthan » Fri Nov 18, 2016 1:55 pm

Who is father dependent upon?
If its you then you are father's sponsor and you need to relocate to UK if you wish father to live in UK.
(I assume you're not British and so you could exercise treaty rights in UK).

If father can prove he's dependent on someone else then he may be able to join them but it begs question why is he in Eire with you.
However do note that father can't join BCs in UK on EU migration route as BCs are not considered as EEA nationals (so they can't usually sponsor family members).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

njoseph
Newbie
Posts: 32
Joined: Tue Oct 30, 2001 1:01 am
Location: London

Re: UK resident permit for NON-EEA dependent parent

Post by njoseph » Fri Nov 18, 2016 2:51 pm

For Ireland, I sponsored him and he is my dependent. We all siblings chip in jointly to take care of his financial needs.
So I will have to resign from my job?
Other way I was thinking was that my wife take up a job in UK, we relocate but I carry on working with my firm - working from UK. Will that help?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: UK resident permit for NON-EEA dependent parent

Post by noajthan » Fri Nov 18, 2016 3:20 pm

njoseph wrote:For Ireland, I sponsored him and he is my dependent. We all siblings chip in jointly to take care of his financial needs.
So I will have to resign from my job?
Other way I was thinking was that my wife take up a job in UK, we relocate but I carry on working with my firm - working from UK. Will that help?
I've no view on your job, that's not really a consideration in immigration terms although no doubt it is significant to you.
As per my understanding, there is no requirement in Directive or EEA Regulations on where you are paid from and where you pay tax.

For entry into UK (Family Permit) you will have to show father is financially dependent on you for essential daily needs.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

njoseph
Newbie
Posts: 32
Joined: Tue Oct 30, 2001 1:01 am
Location: London

Re: UK resident permit for NON-EEA dependent parent

Post by njoseph » Fri Nov 18, 2016 4:05 pm

Thank you Noajthan for your help
So probably just starting to live in UK will allow us to get a family permit in the interim term. As I do not intend to (or need to) apply for any benefits, that would just be the only minimum step I would need to take for now.
How do I prove that I am living in UK when I apply for family permit?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: UK resident permit for NON-EEA dependent parent

Post by noajthan » Fri Nov 18, 2016 4:49 pm

njoseph wrote:Thank you Noajthan for your help
So probably just starting to live in UK will allow us to get a family permit in the interim term. As I do not intend to (or need to) apply for any benefits, that would just be the only minimum step I would need to take for now.
How do I prove that I am living in UK when I apply for family permit?
You apply for father's FP from outside UK, before transferring.
Its father's visa into UK.
You don't have to be living in UK upfront, its for a move with or to join sponsor (in UK).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

njoseph
Newbie
Posts: 32
Joined: Tue Oct 30, 2001 1:01 am
Location: London

Re: UK resident permit for NON-EEA dependent parent

Post by njoseph » Mon Nov 21, 2016 2:16 pm

Sorry for repeating but just reiterating to ensure that I have understood it correctly. Please correct if overall summary does not look right.
Stage 1 - Family permit (valid for first 6 months)
An EEA citizen wanting to move or live in UK needs to apply for a family permit. Though you do not really need a family permit if you all are EEA nationals in family but in order to bring a NON_EEA family member, it is required. You can apply for family permit before moving to UK just by declaring your intention to reside in UK for work or studies. If you apply from UK after 3 months then you need to provide evidence that you are exercising your treaty rights i.e. you are either worker, self-sufficient, self-employed or student (possibly additional medical insurance requirements for students or self-sufficient ).
Stage 2 – Residence card
After 6 months, you apply for UK residence card. You need to prove that you have been “Exercising your treaty rights” again here rights i.e. you are either worker, self-sufficient, self-employed or student.
Stage 3 – Permanent Residency
After living 5 years in UK “Exercising your treat rights” you and your family can apply for permanent residency and nationality after a year.

In my specific case, my spouse(who is also EEA national) can “Exercise her treaty rights” by registering as job seeker as a start and then either taking up further studies(that she wants anyways) or seeking employment. I can carry on working remotely for my current company for up-to a year(that is what I am told that most I can work for remotely) and then take up transfer or change job.
That will allow my dependent non-EEA parent who is already living with to move with us in UK.

Best Regards and Thank you

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: UK resident permit for NON-EEA dependent parent

Post by noajthan » Mon Nov 21, 2016 2:23 pm

Almost there.

But in stage 1 this does not apply as you cannot apply for FP within UK:
If you apply from UK after 3 months then you need to provide evidence that you are exercising your treaty rights
Stage 2: sponsor needs to be exercising treaty rights by 3-month mark, not after 6 months.
If each Union citizen is functioning independently then each needs to be a qualified person after 3 months.
Or else some family members may be sponsored as dependent of another.

RC is always optional (but desirable/useful) for direct FMs.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

njoseph
Newbie
Posts: 32
Joined: Tue Oct 30, 2001 1:01 am
Location: London

Re: UK resident permit for NON-EEA dependent parent

Post by njoseph » Mon Nov 21, 2016 2:34 pm

Thank you noajthan!
You are a star. Have a good day

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