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Son is British Citizen, Father has subsidiary protection

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Aftdas
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Son is British Citizen, Father has subsidiary protection

Post by Aftdas » Mon Nov 07, 2016 9:28 pm

I am a British Citizen and my father has just been granted SUBSIDIARY PROTECTION status in Italy. Is there any way I can bring my father over to the UK to live with me permanently. Would he be able to claim benefits or pension credit. Please advise.

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Casa
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Re: Son is British Citizen, Father has SUBSIDIARY PROTECTION

Post by Casa » Mon Nov 07, 2016 9:34 pm

Nothing has changed from the advice given last year in this thread when your father was in the UK as a visitor.

http://www.immigrationboards.com/immigr ... 87325.html
(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.

Aftdas
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Re: Son is British Citizen, Father has SUBSIDIARY PROTECTION

Post by Aftdas » Mon Nov 07, 2016 10:00 pm

Now that my father has subsidiary protection status in Italy, he has been given a 5 year visa that allows him to travel visa free within the EU for up to 3 months, it is any easier for me to do the Surinder Singh route? Can I go and live in Italy for a few months and bring my father back as a dependent. What are his chances of getting Indefinite Leave to Enter?

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Casa
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Re: Son is British Citizen, Father has SUBSIDIARY PROTECTION

Post by Casa » Mon Nov 07, 2016 10:11 pm

Aftdas wrote:Now that my father has subsidiary protection status in Italy, he has been given a 5 year visa that allows him to travel visa free within the EU for up to 3 months, it is any easier for me to do the Surinder Singh route? Can I go and live in Italy for a few months and bring my father back as a dependent. What are his chances of getting Indefinite Leave to Enter?
I suspect (but I may be proved wrong) that the 5 year visa your father has been issued will only allow him free movement within the Schengen zone, not for entry into the UK.

The Statement of Changes published last week have introduced more conditions for extended family members using the Surinder Singh route. In any event, if you manage to secure a EEA FM permit for your father after moving the centre of your life to another EU state, (which also now has stricter conditions), with Brexit looming SS isn't likely to lead to Permanent Residence. There is no 'Indefinite Leave to Enter' under EEA Regulations.

Also be aware that pension credit is only available to residents who have made a minimum of 10 years NI contributions.
(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.

Wanderer
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Re: Son is British Citizen, Father has SUBSIDIARY PROTECTION

Post by Wanderer » Tue Nov 08, 2016 6:44 am

Aftdas wrote:Would he be able to claim benefits or pension credit. Please advise.
What?? After contributing nothing? Jeez....
An chéad stad eile Stáisiún Uí Chonghaile....

secret.simon
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Re: Son is British Citizen, Father has subsidiary protection

Post by secret.simon » Tue Nov 08, 2016 10:54 am

Also see this thread on changes to the EEA Regulations, which seem to be aimed squarely at the Surinder Singh route.

Have you considered doing it the other way round? Moving to and settling in Italy?
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secret.simon
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Re: Son is British Citizen, Father has subsidiary protection

Post by secret.simon » Tue Nov 08, 2016 11:09 am

You may be correct, Casa. Directive 2011/95/EU only talks about giving people with subsidiary protection status documents in line with the Geneva Convention. There is no provision for visa-free travel within the EU.

My guess is that like many travel document holders, holders of the Geneva Convention travel documents are allowed three months stay in the Schengen zone, after which they must return to their home country, which is the member state that granted them subsidiary protection.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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