Query: UK EEA family permit

[arz1986]

I am british citizen and i apply for my dependent mother case in Ireland in Oct 2016. EU treaty right case was refused and appeal as well in ireland. I am working in ireland from last 3.6 years. I don't change my job during last 3.5 years. My dependent mother age 63 live with for 3 years in ireland, she is financial and medically dependant (we have GP and consultant letter from ireland based on medical condition) on me. I am her carer as well.

I like to apply for UK FP, My mother donot have any visa right now (like Stamp 4 and EU4FM of ireland). Irish immigration may deport my mother. Is, it possible to apply UK FP from my dependent mother from DUblin or I have to come to UK first, find job and apply. Problem is my mother is really very sick to leave her in ireland go to UK for 1 month is not possible for me.
my mother can to ireland through belfast using UK visit visa can it impact her application.
Proof of evidence I got:
3 years tenancy agreement
3 years medical records
3 years bank statement of me and my mother (i transfer 150-200 euro month to her account)
GP and consultant letter from ireland
My mother go to language school as well
Q. can I apply for my mother UK FP from ireland if we don't have resident card of ireland. My mother case is still pending in ireland.
Q. Any suggestion or help highly appreciated.

[Zerubbabel]

- How did your mother enter Ireland? (What type of visa)

- How come that you work and you are a career at the same time? Who cares for her when you are away for work?

If I understand well, your mother is currently illegal in the Ireland. Is that right? You cannot apply for a visitor visa to the UK while present in Ireland illegally. She needs to have a legal residence in Ireland in order to be able to use UK consulate there and apply for a visa.

She needs to go back to her home country then apply for any UK route but you need to live in the UK yourself too.

[arz1986]

- How did your mother enter Ireland? (What type of visa)
She come to UK on visit visa then travel to Ireland through Belfast in Ireland. We apply the EU treaty right residence card application in ireland.

- How come that you work and you are a career at the same time? Who cares for her when you are away for work?
Ok. I am not carer. But she is dependent on me.

If I understand well, your mother is currently illegal in the Ireland. Is that right?

We apply for the residence card, they give her 10 month temporary RC, then, they refused her application, then we submit the review application, they give her 10 month more temporary RC. They refuse her review application, without right of appeal. Now, we apply again her last application is still pending for 2 years. last year, INIS write letter (date september 2018) to us, removal order is not issued, INIS will contact you for your longer term status in the ireland in coming weeks. But till today, almost one year gone no visa granted letter received. we call and send letters but receive acknowledge letters from INIS.
I think, our case is still pending for decision.
I think, they are delaying it till brexit, then they refuse her case again.

You cannot apply for a visitor visa to the UK while present in Ireland illegally. She needs to have a legal residence in Ireland in order to be able to use UK consulate there and apply for a visa.

if case is pending she cannot use the UK consulate for EEA family permit application?

She needs to go back to her home country then apply for any UK route but you need to live in the UK yourself too.
OK.

[CR001]

- How did your mother enter Ireland? (What type of visa)

- How come that you work and you are a career at the same time? Who cares for her when you are away for work?

If I understand well, your mother is currently illegal in the Ireland. Is that right? You cannot apply for a visitor visa to the UK while present in Ireland illegally. She needs to have a legal residence in Ireland in order to be able to use UK consulate there and apply for a visa.

She needs to go back to her home country then apply for any UK route but you need to live in the UK yourself too.

See OPs numerous posts (many in other members topics) on the situation and his mothers EU1 refusals.

ireland/uk-eea-family-permit-dublin-t28 ... l#p1813595

member/arz1986/posts/

[Zerubbabel]

- How did your mother enter Ireland? (What type of visa)

- How come that you work and you are a career at the same time? Who cares for her when you are away for work?

If I understand well, your mother is currently illegal in the Ireland. Is that right? You cannot apply for a visitor visa to the UK while present in Ireland illegally. She needs to have a legal residence in Ireland in order to be able to use UK consulate there and apply for a visa.

She needs to go back to her home country then apply for any UK route but you need to live in the UK yourself too.

See OPs numerous posts (many in other members topics) on the situation and his mothers EU1 refusals.

ireland/uk-eea-family-permit-dublin-t28 ... l#p1813595

member/arz1986/posts/

Thank you! I am reading them at the moment.

[Zerubbabel]

I went looking to the history of your posts.

So I understand that:

- You hold a UK passport and you live/work in Ireland
- Your mother came to visit you in Ireland from Pakistan in 2016
- She is 63 years and she traveled to Ireland on a visitor visa
- Your applications for dependent parents have been rejected
- Appeals have been rejected and there is a risk of deportation


Trying to switch from a visitor visa usually don't end well. It means years lost on procedures and a lot of money spent on solicitors for nothing. These visas are issued in huge quantities (2.2 million/year just for the UK) so they come with strong restrictions: you can't switch to any immigration route from a visitor visa.

If you want to bring family members, always make them come on a the correct visa. It may take time to get such visas but at least, they allow your relative to come on a solid ground. It's much better to spend 2 years preparing and applying for the correct visa than taking the wrong route and fighting the authorities for 5 years.

You are in a difficult zone here.

If you want to come back to the UK and live here, you need to send your mum back to her country then apply in the UK for an Adult Dependent Relative visa following UK rules:
https://www.gov.uk/government/publicati ... ves-review

The risk of refusal is very high.

You can keep dragging the situation with Irish authorities. Your mother may or may not be deported but the situation can drag for years without getting any better. It's an administrative dead end.

As you guessed it, today you are an EEA national but in 2 months you are probably not. But this is not important as EEA routes didn't work anyway.

I wouldn't want my own mum to be put in a plane and deported at 63 years old and I don't want it for yours. If you feel they are seriously heading this way, just get out from this with grace, buy her some gifts and put her in a business class flight home.

You will be then free to come back to the UK, settle again and explore carefully your options if you want to bring her back on better basis.

[CR001]

- You hold a UK passport and you live/work in Ireland
- Your mother came to visit you in Ireland from Pakistan in 2016
- She is 63 years and she traveled to Ireland on a visitor visa
- Your applications for dependent parents have been rejected
- Appeals have been rejected and there is a risk of deportation

I think the OPs mother came via the UK on a UK Visitor visa and then across to Ireland. So for the UK visitor visa application, if this is the route they took, she would have had to prove her financial circumstances and ties to home country. Regardless though, even for an Irish visitor visa, she would have had to prove the same.

[arz1986]

Thanks for ur response. UK dependent parent Visa is nearly impossible. Tht is why I come to Ireland. For me sending her back home is not an opinion nw. I have either wait here or go to UK. I read alot of post regarding surinder singh route. People go directly from Ireland to UK without family permit. And apply directly for residence card.
If I hv temporary valid stamp ireland then I can only apply for it. I read ukba website abt surrender route. I donot see anything written about valid Visa for applying for eea fp or RC. Or I miss something.

[CR001]

She is a visa national and needs a visa or family permit to enter the UK.

To apply for an EEA fp, ho could ask for evidence of her legal status in Ireland.

Note again, ireland and the UK share immigration information and data, so regardless of what you do, the UK will know the whole story of what you are trying to do, circumventing the UK immigration rules, through the backdoor.

[Zerubbabel]

UK dependent parent Visa is nearly impossible.

Yes, and honestly thank God you are not in a situation where you would be entitled to it. They give it only in severe/dire cases. So a normal level of dependency (someone needing you help / is better closer to you) doesn't qualify.

For Surinder Sing route to work, she has to have lived with you in an EEA country on an EEA family member status. But in this case, that status wasn't granted to her by Ireland.

It's not possible to go UK authorities and explain that you mum is at the brink of deportation from Ireland but you would like an EEA FP or similar for her.

If an idea comes to mind, I will post here but at the moment, I don't see a way out.

[arz1986]

Thanks alot. When I applied the EU treaty rights case my mother was given 10 month temporary visa stamp 4, then 4 month extension. When my case is in review, she was given 10 month more stamp 4. Total of 22 months on stamp 4 legal status. Then, from last year, no further stamp4 granted. My mother never get eu4fm Visa.
If inis give me 6 or 10 month extension Visa stamp4 then I can apply for FP or RC on that visa.

[arz1986]

Hi all updates,
INIS attach my mother case with chenchooliah judgement, INIS sent the letter. I am not sure it is good sign or bad. no deportation or removal order till now. no visa as well. Any thoughts on it. is chenchooliah judgement helpful to my case?

[iwolga]

Just read through your whole story. Cases like yours is exactly the reason why it is difficult for genuine visitors to get visas to UK.

I wish you luck but this is unfair way you’ve chosen.