Returning to UK without Article 10 card

[Capricorn]

Hi

I have been waiting a long time in the host country (over 3 yrs with one failed application including its review and a subsequent new application filed which is still pending) and now intend to come back to UK.

I want to know what all documents should I carry with me in case I get questioned at the immigration desk in UK.

Is there any documentary evidence that I can print with me that can be shown if challenged?

Thanks

[Zerubbabel]

Hello

Are you a visa national? Do you intend to enter as a visitor?

[CR001]

Hello

Are you a visa national? Do you intend to enter as a visitor?

The OP is apparently a BC and moved to Ireland to use the EU route to bring parents from abroad. This application has failed. Parents don't appear to have any legal status in Ireland.

Parent proved independence by applying for a UK visitor visa to only facilitate their entry to Republic of Ireland before submitting an application to remain in the state based on dependency. Classic case of trying to circumvent the UK immigration rules which we all know Ireland is fully aware of as Ireland and the UK share all immigration data.

ireland/refusal-for-eu4-review-process- ... 54022.html

[Capricorn]

Hello

Are you a visa national? Do you intend to enter as a visitor?

The OP is apparently a BC and moved to Ireland to use the EU route to bring parents from abroad. This application has failed. Parents don't appear to have any legal status in Ireland.

Parent proved independence by applying for a UK visitor visa to only facilitate their entry to Republic of Ireland before submitting an application to remain in the state based on dependency. Classic case of trying to circumvent the UK immigration rules which we all know Ireland is fully aware of as Ireland and the UK share all immigration data.

ireland/refusal-for-eu4-review-process- ... 54022.html

@CR001 - I think you are too fast in making your own judgements. I am not expecting this from a moderator to begin with.

My parents did apply for UK visa but they have done that several times in the past. It just so happened that this time when they applied for the UK visa, the circumstances changed between arriving in UK and moving to Ireland.

Secondly, if an applicant files an application and the status of which is pending, the applicant is not considered illegal or without any "legal status".

So now going back to the actual question, when I do travel with them back to UK (and they already have a valid visit visa for UK), can someone please let me know if I have to have any directives printed out to be on the safe side to show as they do not have article 10 card and only have got an email confirmation of new application being lodged.

@Obie - you seem to be lot more knowledgeable and may be able to provide some guidance?

[Capricorn]

Hello

Are you a visa national? Do you intend to enter as a visitor?

I am a British Citizen and living with my parents in Ireland. Moving back to UK and intend to apply under EUSS scheme and parents have valid UK visit visa but havent got Art10 yet as the application is pending (2nd app)

[CR001]

Read Obie's comments regarding Surinder SIngh route no longer being possible since 31st January 2020 in the thread below.

eea-route-applications/surinder-singh-i ... l#p1895880

[Capricorn]

Read Obie's comments regarding Surinder SIngh route no longer being possible since 31st January 2020 in the thread below.

eea-route-applications/surinder-singh-i ... l#p1895880

As per EU Settlement Scheme, applicants resident in host country before the brexit date of 31 Jan 2020 can still return and file the application. Obie is referring to people starting fresh now and not those already residing in the EU country

[Capricorn]

Read Obie's comments regarding Surinder SIngh route no longer being possible since 31st January 2020 in the thread below.

eea-route-applications/surinder-singh-i ... l#p1895880

Unfortunately you havent granted me access to Private Messaging thinking that I am randomly generating posts whereas you can see that my 55 posts are not random at all and mostly on a set topic.

I wanted to get Obie's direct attention on this post but unfortunately I am unable to tag him in any way

[Zerubbabel]

My parents did apply for UK visa but they have done that several times in the past. It just so happened that this time when they applied for the UK visa, the circumstances changed between arriving in UK and moving to Ireland.

A life event triggers a change in circumstances, that's not unusual. You have got the statistics with you on this one.

However, with administrations (all of them), change of mind / circumstances is not really valued.

Imagine I obtain a construction permit from a local council to build a 2-story house. Then, during the construction, I get an inheritance and now I would like to go up to 3 floors. Can I just go and do it with the same permit? I don't know any administration who buys into any "change of circumstances" argument. Otherwise, anyone can apply under any available route then claim change of circumstances later.

I read your initial post:
ireland/urgent-help-needed-eu4-appeal-r ... 96538.html

and here also:
ireland/refusal-for-eu4-review-process- ... 54022.html

The change of circumstances that is hard to justify, is that your parents sold their property before leaving their country to come to the UK on a visitor visa. You will have hard time convincing the Home Office that they came in as genuine visitors.

3- before travelling to UK, they decided to sell the property and managing the rental part was not possible due to poor health. Afterall they are above 75 yrs of age and "fully managed by agency" concept does not exist there. This is where the rental income no longer existed

On a personal level, I understand you. Your parents are old / frail / ill, you want to bring them to the UK where they receive a better care. You did what many sons would have just done. Your planing wasn't perfect. But please don't beat yourself over that. No mater how you do it, no mater the country, immigration policies are never supportive to elderly people immigration. You can check any point based immigration system for any country that has that and you will see that from 45 years old, the age of the applicant becomes a serious impediment.

[Capricorn]

My parents did apply for UK visa but they have done that several times in the past. It just so happened that this time when they applied for the UK visa, the circumstances changed between arriving in UK and moving to Ireland.

A life event triggers a change in circumstances, that's not unusual. You have got the statistics with you on this one.

However, with administrations (all of them), change of mind / circumstances is not really valued.

Imagine I obtain a construction permit from a local council to build a 2-story house. Then, during the construction, I get an inheritance and now I would like to go up to 3 floors. Can I just go and do it with the same permit? I don't know any administration who buys into any "change of circumstances" argument. Otherwise, anyone can apply under any available route then claim change of circumstances later.

I read your initial post:
ireland/urgent-help-needed-eu4-appeal-r ... 96538.html

and here also:
ireland/refusal-for-eu4-review-process- ... 54022.html

The change of circumstances that is hard to justify, is that your parents sold their property before leaving their country to come to the UK on a visitor visa. You will have hard time convincing the Home Office that they came in as genuine visitors.

3- before travelling to UK, they decided to sell the property and managing the rental part was not possible due to poor health. Afterall they are above 75 yrs of age and "fully managed by agency" concept does not exist there. This is where the rental income no longer existed

On a personal level, I understand you. Your parents are old / frail / ill, you want to bring them to the UK where they receive a better care. You did what many sons would have just done. Your planing wasn't perfect. But please don't beat yourself over that. No mater how you do it, no mater the country, immigration policies are never supportive to elderly people immigration. You can check any point based immigration system for any country that has that and you will see that from 45 years old, the age of the applicant becomes a serious impediment.

Thanks for taking time out to check the previous posts in detail.

FYI, the property was not sold. It was rented and post diagnosis and treatment for cancer, they decided to give up the rent as property management wasnt easy for them.

I also understand your point about their age factor and how the various immigration policies are harsh towards such cases.

Anyway, I intend to move to UK and as per the EU Settlement Scheme, I see that I qualify for Surrinder Singh application (irrespective of the outcome). So the question is, will I be able to enter UK or not? and if challenged what are my arguments or points to gain the leave to enter?

[Zerubbabel]

I have seen kids pulling crazy tricks at borders. I for one, when I was at the beginning of my immigration journey, I can't tell you how many hours I spent on hold boxes at various borders... Most often than not, I managed to talk my way out of it. Border officials are not as terrible as they look especially when you have nothing to lose.

However, I would never submit a 75 old parent to that kind of adventures. If I am to get my father somewhere, either I am 100% certain he has the correct paperwork to get admitted or I won't try.

Surinder Singh is based on the principle that your relatives were recognised by another EEA country as dependent/part of household. This never happened as Ireland didn't accept your application.

The entire story stinks to be honest. You are not the first British who tried to use Ireland or other EEA country to build an artificial Surinder Singh case that got rejected.

The option that remains is to get your parents back home and try with an ADR visa:

https://www.gov.uk/uk-family-visa/adult ... t-relative

These visas are not easy and the rate of refusal is very high. But at least it will offer you a legal option you can pursue.