Non EU family member of UK citizen refused Ireland entry visa applied -2004/38 EC

[Ninja20]

Hi,
I am a UK citizen and I intend to move to Ireland through the European directive 2004/38/EC freedom of movement. I plan to move there with my family as I am in the process of obtaining a job in Ireland.
Therefore, I had applied for my mother's entry visa to Ireland so that she can accompany my family when we move there fairly soon.
My mother is currently in the UK on a UK visit visa and she spends about 6 months in a year with me and has visited UK for over 5 times. She's widowed and I'm her only child. She has never worked and has been financially dependant on me for over 20 years now. I pay for all her expenses including groceries, medical expenses, travel etc.
However, her entry visa has been refused as they claim that they can't confirm if she's indeed my mother (i have misplaced my birth certificate which didn't have my name anyway as was the custom many years ago in some countries) and they assume that I'm not migrating to Ireland but creating a false circumstance. And they claim that i haven't sorted my accommodation for moving.

I provided statement confirming that I'm exercising freedom of movement and i provided bank statements with sufficient balance to show self sufficiency and undertook guarantee for my family expenses. I also provided copy of my original passport (prior to acquiring British citizenship) which had my parents name and permanent address which correlates with my mother's current passport. I explained the reasoning behind absence of birth certificate.

I didn't provide accommodation details or employment details as I'm waiting for confirmation of these. I have been talking to estate agents on buying a house in Ireland and didn't think it was required as i was applying under freedom of movement. Besides, even if my job offer fell through, i still intend to move to Ireland as it seems like the ideal place for our family to raise our kids. I couldn't wait to move there and was hoping to get there before brexit.

I don't have any intentions of Surinder Singh route as i don't plan to live in the UK for the foreseeable future.

They have given the option to appeal. And I'm trying to obtain a replacement birth certificate or some form of relationship certificate.

Can you please advice if appeal with addressing relevant points help this case? I need to prove she's my mother..i have tons of photos and official documents with both of our names at same address. Plus i need to prove financial dependence. I thought it's easier to explain given that she's widowed, 70 and never worked (no social welfare) and I'm her only child. She's recently had some medical issues and i have been coordinating her treatment from UK plus paid for it. I have photos of her admitted in hospital etc.

Alternatively, my mother doesn't need an entry visa to enter Ireland and she could accompany us on our move to Ireland and seek an entry visa at the airport/ferry terminal upon arrival,?

It's just a coincidence that my mother is currently in the UK with a UK visit visa as my job offer only came through after her arrival in the UK and i wasn't planning to move to Ireland until after two months of she arriving here. I had applied to many places and Ireland was just one of them and it was only upon visiting there, i loved the place and the idea of getting out of UK before brexit.

Any advice and suggestions please?

Thanks for your time

[arz1986]

Senior member can advice better. My advice Try any other EU country.

[shpirtshqipe]

Just wondering is your mother able to provide a family certificate listing you as the child (not her or your personal birth certificates)?
In my home country we are able to get such a document aside from a personal birth certificate.

As for exercising freedom of movement a letter stating you are intending to exercise said right isn’t enough. It is always best to show proof of employment and accommodation in Ireland thus proving “your centre of life” is now in Ireland. Currently INIS are assuming (conveniently) that you aren’t an “ordinary EU resident” in Ireland thus not able to exercise freedom of movement treaty. You don’t need a big house to prove accommodation as even 1 room rented with a confirmation letter from landlord would suffice. Same can apply to employment if you even got yourself a temporary job even if it isn’t your profession whilst applying for your mothers EUFAM.

Your case of dependency from your comments is otherwise as solid as it can get (I have very similar circumstances as yours and was successful in getting my parent EUFAM)

As for getting your mother over to Ireland and considering impending Brexit, you will want to move fast by any means available to you. Over land comes to mind

[brownbonno]

Just wondering is your mother able to provide a family certificate listing you as the child (not her or your personal birth certificates)?
In my home country we are able to get such a document aside from a personal birth certificate.

As for exercising freedom of movement a letter stating you are intending to exercise said right isn’t enough. It is always best to show proof of employment and accommodation in Ireland thus proving “your centre of life” is now in Ireland. Currently INIS are assuming (conveniently) that you aren’t an “ordinary EU resident” in Ireland thus not able to exercise freedom of movement treaty. You don’t need a big house to prove accommodation as even 1 room rented with a confirmation letter from landlord would suffice. Same can apply to employment if you even got yourself a temporary job even if it isn’t your profession whilst applying for your mothers EUFAM.

Your case of dependency from your comments is otherwise as solid as it can get (I have very similar circumstances as yours and was successful in getting my parent EUFAM)

As for getting your mother over to Ireland and considering impending Brexit, you will want to move fast by any means available to you. Over land comes to mind

Khan & ors v The Minister for Justice and Equality 2019

"The Minister has refused the said visa applications on the basis that Mr Khan is engaged in an abuse of rights. (" On the basis of an examination of the facts available to me, I am not satisfied that your Union citizen sponsor seeks to exercise his free movement rights in a genuine and effective manner… "). However, the court sees nothing in the facts that went before the Minister to support this conclusion. Yes, apart from joining in the within proceedings - a not inconsiderable step - Mr Khan has done nothing further about coming to Ireland in terms, e.g., of arranging a job, arranging accommodation, arranging schooling for his children. But there is no requirement that, before exercising his freedom of movement rights to come to Ireland, an EU national should make efforts to arrange such matters. If a man is not required by law to do something, he is not required to do it, and it cannot be held against him when he does not do that which he is free at law not to do, yet that in effect is what was done when the Minister viewed in a negative light the fact that Mr Khan has as yet done nothing further about coming to Ireland in terms, e.g ., of arranging a job, arranging accommodation, arranging schooling for his children."

[littlerr]

You must obtain your birth certificate. Unless you are claiming political asylum or your country is at war, there really is no room for argument there. I can't say for other countries, but in the likes of China and India, you are able to obtain a certified and translated birth certificate from the relevant domestic notary offices and embassies abroad.

You also need hard evidence to prove that your mother is dependent on you. The onus is on you to provide evidences. I am not sure what constitutes "sufficient" evidences but you would at least want to provide your bank statement and her bank statement to prove that her only source of income is from you.

Employment and accommodation details are not absolutely necessary per EU Free Movement directive, but they are preferred when visa officers make the first impressions, especially when they already have doubts on the your identities and financial dependencies. If you are able to address the first two issues, you might be able to get away with providing employment and accommodation details, but if you don't want to get into a lengthy legal battle with the state, I would still suggest that you provide them.