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EEA Route for family member: Surinder Singh Route

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

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

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jack421
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Joined: Wed Mar 30, 2016 2:57 pm

EEA Route for family member: Surinder Singh Route

Post by jack421 » Wed Mar 30, 2016 3:08 pm

Hello,

I currently hold a Uk visit visa and my sister is married to a british citizen and also holds a british passport from more than 10 years.
We have decided to move to Ireland by which she can exercise her extended treaty rights in the EU.
I want to know, do I and my parents holding indian passports can be dependant family members of my sister and apply for Resident card in ireland and later move to the uk by the surinder singh route.

Can please anyone guide me on this??????

Thanks

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: EEA Route for family member: Surinder Singh Route

Post by Wanderer » Wed Mar 30, 2016 3:12 pm

Your sister will have to move her whole 'centre of life' to Ireland, the whole family, husband, kids etc for a period of say 6-12 months, opinions vary on the period though.

This does seem like one of the doors the Gov is seeking to close so act quick.....
An chéad stad eile Stáisiún Uí Chonghaile....

jack421
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Posts: 4
Joined: Wed Mar 30, 2016 2:57 pm

Re: EEA Route for family member: Surinder Singh Route

Post by jack421 » Wed Mar 30, 2016 3:44 pm

Wanderer wrote:Your sister will have to move her whole 'centre of life' to Ireland, the whole family, husband, kids etc for a period of say 6-12 months, opinions vary on the period though.

This does seem like one of the doors the Gov is seeking to close so act quick.....
Can my sister only move by herself along with us and not her kids and husband. She can make up things like example she's not happy with her husband and wants to move away and not separate legally?

Also, We need to stay 6-12 months before coming back to the UK. But in what period can we apply for a residence card in ireland? I heard if we show 3 months evidence like payslips, rent, utility bills we can apply for a EU residence card. is it possible?
Im aware that the laws might change soon and this route might close, but I'm not sure where to start from. As i hold a uk visit visa so i might visit ireland sometime next week to find out more information and get a good solicitor.

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Casa
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Posts: 25756
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: EEA Route for family member: Surinder Singh Route

Post by Casa » Wed Mar 30, 2016 3:52 pm

jack421 wrote:
Wanderer wrote:Your sister will have to move her whole 'centre of life' to Ireland, the whole family, husband, kids etc for a period of say 6-12 months, opinions vary on the period though.

This does seem like one of the doors the Gov is seeking to close so act quick.....
Can my sister only move by herself along with us and not her kids and husband. She can make up things like example she's not happy with her husband and wants to move away and not separate legally?

Also, We need to stay 6-12 months before coming back to the UK. But in what period can we apply for a residence card in ireland? I heard if we show 3 months evidence like payslips, rent, utility bills we can apply for a EU residence card. is it possible?
Im aware that the laws might change soon and this route might close, but I'm not sure where to start from. As i hold a uk visit visa so i might visit ireland sometime next week to find out more information and get a good solicitor.
No one on the forum will advise you to 'make up things'. Be assured that the HO are experts at sniffing out deception in an application.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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

Re: EEA Route for family member: Surinder Singh Route

Post by noajthan » Wed Mar 30, 2016 5:00 pm

jack421 wrote:Can my sister only move by herself along with us and not her kids and husband. She can make up things like example she's not happy with her husband and wants to move away and not separate legally?
...
That's a recipe for disaster.

Don't forget the UK's self-imposed and somewhat controversial 'centre of life' requirement violates EU law on free movement in the first place.
So HO are not going to be sympathetic to any such shenanigans.

Free movement is not about faciltating chain migration; it's about enabling an EEA national to move & work, in Europe, to their full potential without being held back by lack of mobility of family members and/or members of their household.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

jack421
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Posts: 4
Joined: Wed Mar 30, 2016 2:57 pm

Re: EEA Route for family member: Surinder Singh Route

Post by jack421 » Wed Mar 30, 2016 6:23 pm

Even if we all move to EU state and live there and she finds a job there, then in how much time period can we apply for our residence in ireland?
The concern is not about how many of us travel, i have got ways to do that. I will provide all the evidences of her moving her centre of life to the EU state.

The only question here is that can i and my parents can be counted as a dependent on her and can get residency on her basis.

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

Re: EEA Route for family member: Surinder Singh Route

Post by noajthan » Wed Mar 30, 2016 6:42 pm

jack421 wrote:Even if we all move to EU state and live there and she finds a job there, then in how much time period can we apply for our residence in ireland?
The concern is not about how many of us travel, i have got ways to do that. I will provide all the evidences of her moving her centre of life to the EU state.

The only question here is that can i and my parents can be counted as a dependent on her and can get residency on her basis.
Parents can be classed as dependent direct family members (if current dependency can be shown).

You being a sister are probably facing more of a challenge, as a sister is an extended family member rather than a direct family member.
Prior dependency &/or membership of the household (of which your sponsor/sister was head of household) needs to be shown.

Members have reported various challenges and delays in moving to Ireland.
Your mileage may vary ofcourse. Or you may find a.n.other EU country suits you better.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: EEA Route for family member: Surinder Singh Route

Post by Wanderer » Wed Mar 30, 2016 7:38 pm

noajthan wrote:
jack421 wrote:Even if we all move to EU state and live there and she finds a job there, then in how much time period can we apply for our residence in ireland?
The concern is not about how many of us travel, i have got ways to do that. I will provide all the evidences of her moving her centre of life to the EU state.

The only question here is that can i and my parents can be counted as a dependent on her and can get residency on her basis.

Members have reported various challenges and delays in moving to Ireland.
Your mileage may vary ofcourse. Or you may find a.n.other EU country suits you better.
No many jobs about except in Dublin which is a very expensive place to live, I worked their for best part of a year and my single-bed bedroom in Dublin 18 was €700 ppm and a pint of Peroni €7.40. Even a cheap pub meal started at the €12.00 mark. Didn't make much more on that contract I can you....!

Agree too that as well as UKVI playing the forward defensive on this, the GNIB are doing the same too. Can't blame them really, I echo noajthan's sentiments that this device was designed for facilitating workers and their families relocating within the EU, not as a way to bypass local States' chain migration policies and financial tests.
An chéad stad eile Stáisiún Uí Chonghaile....

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