ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

I am a British Citizen.Can my parents apply for EEA permit f

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
negiyk
Newly Registered
Posts: 26
Joined: Sat Dec 20, 2008 10:25 pm

I am a British Citizen.Can my parents apply for EEA permit f

Post by negiyk » Wed Dec 28, 2016 10:00 pm

http://britcits.blogspot.co.uk/2016/11/ ... e.html?m=1
https://www.gov.uk/government/publicati ... h-citizens
New legislation has 6 complicated stages and seems hard to prove that you moved to EEA not free movement right. Please guide me.

I went through the link you sent and gone through all the 6 stages:

Stage 1: verify eligibility of applicant and sponsor to apply under Surinder Singh. The qualified person definition has changed so now the British citizen has to satisfy the same requirements, for the most part, as an EEA national e.g. be engaging in work, job seeking student or self-sufficient. Odd that on the same page as this is mentioned, the HO claims to be complying with the Eind case.

Yes I am going there for work and have a good offer from IT firm and going to be long term commitment I want to continue.

Stage 2: establish whether sponsor did exercise free movement rights in the EEA host country
Yes thats because of job offer

Stage 3: determine whether residence in the EEA host country was genuine; this includes the centre of life stuff, so still in there, still in breach of case law.

Yes will move family there, kids will go to school there, rent , all bills , bank account , driving licence etc

Stage 4: determine the purpose of the residence in the EEA host country; this is the key new bit and what we will concentrate on in this post.
because of job but its weird question here

Stage 5: obtain additional information if needed

Stage 6: decide the application


I think my case is genuine but I know the motive behind this, my mother came to UK 3-4 times on visiting visa and I am looking forward to apply 10 years visa for safe side, don't know if they refuse this application then at least she still have visa to travel to UK.

Honestly I don't understand what to do? immigration lawyers also not giving proper imp formation spent money on them also.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: I am a British Citizen.Can my parents apply for EEA perm

Post by Obie » Wed Dec 28, 2016 10:40 pm

Motive is an illegal factor to take account of, this is forbidden in EU law.
Smooth seas do not make skilful sailors

negiyk
Newly Registered
Posts: 26
Joined: Sat Dec 20, 2008 10:25 pm

Re: I am a British Citizen.Can my parents apply for EEA perm

Post by negiyk » Thu Dec 29, 2016 9:04 am

Thanks Obie, do you think I should go for this and challenge HO on this point of the motive?

negiyk
Newly Registered
Posts: 26
Joined: Sat Dec 20, 2008 10:25 pm

Re: I am a British Citizen.Can my parents apply for EEA perm

Post by negiyk » Thu Dec 29, 2016 9:05 am

And one more thing, should I apply Type C visa which I suppose from UK and Type D which is from home country? I know cases are still pending and it will take time might be more than a year

Locked