EEA route for non-EEA-Indian adult family of British Citizen

[abvuk]

Hello,
I am married. Both me and wife are British citizen now. HAving family back home india - mother, two sisters (unmarried and all are financially all dependent on me). Now I wanted to invite them to UK but I believe its not possible so thinking of EEA/ surinder singh route.

Now. I have my current employer's project in Dublin, Republic of Ireland where i will require to move there for a year or more. So i was thinking of using Surender singh route or EEA treaty while I can move my 'centre of life' to RoI and get residence permit (??) of RoI, changing my job contract to RoI payee (same to my wife, she can look for new job there) then invite my all the dependent (mother & sisters) to join me there in RoI and get temp residence permit over there in RoI. Once my project finish, I can come back to UK and invite my family to join me in UK as extended EEA temp residence permit holder.

Is this all possible?
easy as it looked like?
how long it can take? what are the eligibility critreria i need to check for?
Visa cost while inviting them to RoI and then to UK, how much it can be?
What are other financial criteria involved (i will earn more than 45000 Euro/year)?
Is there any future laws i require to think of (as UK gov is thinking of having EU referendum?
Is there anything like RoI / UK treaty which is different than EU mainland countries? (in case UK backing out from EU)?
Any legal requirements i need to take care of? Any good RoI Lawyers required, etc?

all small to big details in this regards are appreciated. Hoping for quick and clear expert views by Board members.

Thanks
AJ

[ohara]

Nobody knows what will happen if the UK leaves the EU. However it's probably safe to assume that if we cut all ties, the Surinder Singh "loophole" will be closed. I would hope some kind of moratorium would be introduced, giving people who are in the UK under EEA rules a few years to either get ILR / naturalised, or leave. I can't see them simply deporting everyone immediately.

There is no financial requirement for the EEA family permit and it doesn't cost anything either.

[abvuk]

Thanks Ohara

Let's be optimistic and everything will stay as it is -:)

In that case everything I asked possible? I will move my centre of life there then invite mother and sister's to RoI from India then they will get temp RoI resident permit then I will be back to UK and they all can join me in UK?

I haven't approached any lawyers yet but trust this board experts by my previous experience. Can you guide me or show me links to follow on this board?

Appreciate your quick response.

Thanks
Aj

[CR001]

Your mother would be considered a direct family member. Your sisters however are extended family members and don't enjoy the same automatic rights as direct family members.

How old are your sisters and what do they do in their home country?

What evidence/proof do you have of their dependency?

See more on EU free movement rights for non-EEA nationals here:
https://eumovement.wordpress.com/2011/0 ... a-citizen/
&
see more about extended family members here:
https://eumovement.wordpress.com/2008/0 ... ficiaries/

[abvuk]

Hi Ohara

My mother and two sisters are of 63, 43, 41 respectively. They don't work. Well educated. One of my sister is here in UK with me on student visa who is sponsored by me. Mother and sister's in india don't work and sister is taking care on my mother.

I have bank statements of uk and india accounts plus their accounts (no income apart from my funds) as proof of their financial dependencies. Both sisters are unmarried.

Is there any way sisters come to RoI, study and then get resi. permits if automatic EEA settlement is not possible?

Thanks
Aj

[secret.simon]

Right, now let's look at the issues that you may face.

Your wife will likely have to move with you, otherwise the UKV&I can argue that you have not really moved "the center of your life" (assuming of course that the marriage is still subsisting).

Secondly, remember that your mother would be classed as a direct family member while sisters are extended family members. While your mother will get rights automatically as a direct family member, the rights for extended family members are considerably circumscribed. To begin with, their rights are not automatic, but based on national law. All that EU law requires is that their visas are "facilitated".

Thirdly, there is a suggestion on this thread that for siblings, you need to be prove that you were head of the household as well.

So, it is not as straightforward as you appear to think.

[Casa]

My understanding is also that you would be unable to continue to maintain a home in the UK while you are in ROI.

[noajthan]

In that case everything I asked possible? I will move my centre of life there then invite mother and sister's to RoI from India then they will get temp RoI resident permit then I will be back to UK and they all can join me in UK?

I haven't approached any lawyers yet but trust this board experts by my previous experience. Can you guide me or show me links to follow on this board?

Appreciate your quick response.

Thanks
Aj

In principle your ambition is admirable and chimes with European ideals.

This document will help get you up to speed on free movement and treaty rights:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

See also:
http://www.europarl.europa.eu/ftu/pdf/en/FTU_3.1.3.pdf

Key takeaways
1) A key point to grasp is that free movement is not really about chain migration.

The main beneficiary is the EEA national ie yourself.

All the principles & Directives & Regulations are to facilitate the EEA national's ability to move & to pursue economic activity without let & hindrance across the European member countries.

2) In the context of the Surinder Singh route, the UK has, somewhat controversially, introduced its 'centre of life' requirements & tests as a sort of wrapper around free movement.

So if you follow through with your plan you will have to consider carefully & address questions such as:
what & where any/all UK dependent family members do & move when you move;
what happens to UK assets eg house/s, (business interests);
if maintaining links with previous UK-based employment show why you have to continue it in Ireland;
show why you cannot simply support your wider family (financially) from afar if that is what you have done to date;

Note: none of this is embodied in European law.
For example, nothing wrong in EU law, in having 2 or more centres of life ie as citizens of the world (or Europe).
And there is no need, in EU law, to show why someone moved within Europe (or why a non-EEA national came to Europe).

I'm simply playing Devil's Advocate here, as HO will be likely to do so too.

Also note that some of the UK provisions have been challenged & opposed by case law; however UK is yet to transpose such decisions into UK law.
Other provisions remain to be challenged when a suitable champion comes along to file the case.