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Dependent Parent visa and other options for British Citizen

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omi007
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Dependent Parent visa and other options for British Citizen

Post by omi007 » Tue Sep 22, 2020 11:47 am

I am naturalized citizen in the UK. I own a property here. My mother is 65+ years old and retired (getting govt state pension in India). I am her single child. She has an Indian citizenship, and UK long term visitor visa. She is living in India on her own for 6 months in a year, and rest of the time with us (me, my wife and my son - British citizen) in the UK.
She is having a diabetes and high blood pressure. She had angioplasty in the past.

1. In this situation, what are the chances of getting UK Dependent parent visa for her?
If she doesn't get long term visa, we are considering to go to India, as there is nobody to support her there, and it is really unfair with her to stay on her own at this age.

2. I would also like to know, what other options, I can consider for her to stay with us for long term.
Is it worth to consider, relocating permanently to Ireland, and then apply for EU Family Residence Card for her?
Does getting EU Family Residence Card approved in Ireland, have better chances than getting Dependent Parent visa in the UK?
As I am highly skilled professional, it may not be difficult for me to find a nice job in Ireland.

Please can you guide. Many thanks.

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CR001
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Re: Dependent Parent visa and other options for British Citizen

Post by CR001 » Tue Sep 22, 2020 1:21 pm

1. Highly unlikely she will get an adult dependent visa. It is the most difficult visa to get an has a 99% fail rate. If you take the risk and it is refused, which it will be, the door is shut to any future visitor visas too. Those that have been successful have only been so after very lengthy and costly appeals and usually from countries where care and medical is very expensive, which is not the case for India.

immigration-for-family-members/adult-de ... 87771.html

immigration-for-family-members/older-de ... 42420.html

2. You don't have enough time now to do EU route, known as the surinder Singh route, to another EU country and back to the UK before the end of December. To bring a parent to Ireland on the EU RC route, applications takes months as Ireland know of the abuse of this route. Ireland and the UK also share immigration history. An Irish residence card has nothing to do with or favours you getting an adult dependent relative visa under the UK immigration rules.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Dependent Parent visa and other options for British Citizen

Post by secret.simon » Tue Sep 22, 2020 2:20 pm

omi007 wrote:
Tue Sep 22, 2020 11:47 am
Is it worth to consider, relocating permanently to Ireland, and then apply for EU Family Residence Card for her?
Does getting EU Family Residence Card approved in Ireland, have better chances than getting Dependent Parent visa in the UK?
As I am highly skilled professional, it may not be difficult for me to find a nice job in Ireland.
For questions about moving to Ireland permanently, you may want to ask your questions in the Ireland forum.

Be aware that if you want to invite your parent to Ireland under the EU immigration system, you would want to move to the UK and apply for her to join you before 31st December. While British citizens will retain the right to move to Ireland, they will no longer have automatic rights to move their family members to Ireland (or other EU countries) under EU freedom of movement law after 31st December.
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.

omi007
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Re: Dependent Parent visa and other options for British Citizen

Post by omi007 » Tue Sep 22, 2020 2:44 pm

Hi secret.simon,
secret.simon wrote:
Tue Sep 22, 2020 2:20 pm

Be aware that if you want to invite your parent to Ireland under the EU immigration system, you would want to move to the UK ..
Did you mean,

Be aware that if you want to invite your parent to Ireland under the EU immigration system, you would want to move to Ireland..

Thanks,
Onkar

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CR001
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Re: Dependent Parent visa and other options for British Citizen

Post by CR001 » Tue Sep 22, 2020 3:03 pm

omi007 wrote:
Tue Sep 22, 2020 2:44 pm
Hi secret.simon,
secret.simon wrote:
Tue Sep 22, 2020 2:20 pm

Be aware that if you want to invite your parent to Ireland under the EU immigration system, you would want to move to the UK ..
Did you mean,

Be aware that if you want to invite your parent to Ireland under the EU immigration system, you would want to move to Ireland..

Thanks,
Onkar
No, I meant exactly what I wrote. Naturalised British citizens moving to ireland to bring extended family under the EU rules, then using the EU rules surinder Singh route to bring extended family back to the UK. If you Google surinder Singh route, you will see what I am saying. This is why Irish immigration scrutinise these applications for family so closely, due to extensive abuse of this route.

Even so, you are very short on time to be able to do this realistically.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

omi007
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Re: Dependent Parent visa and other options for British Citizen

Post by omi007 » Tue Sep 22, 2020 3:25 pm

Many thanks CR001 and secret.simon.

I don't prefer to use Surinder Singh route, as it doesn't seem practical in current situation.
However I would like to check, if we can bring my mom to Ireland on EU RC route.
Purpose of this is to live together, and support my mom, which we can achieve in Ireland as well, if possible.
I will post a question on the link you provided earlier.

Thanks,
Onkar

secret.simon
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Re: Dependent Parent visa and other options for British Citizen

Post by secret.simon » Tue Sep 22, 2020 4:18 pm

omi007 wrote:
Tue Sep 22, 2020 2:44 pm
Hi secret.simon,
secret.simon wrote:
Tue Sep 22, 2020 2:20 pm

Be aware that if you want to invite your parent to Ireland under the EU immigration system, you would want to move to the UK ..
Did you mean,

Be aware that if you want to invite your parent to Ireland under the EU immigration system, you would want to move to Ireland..

Thanks,
Onkar
You are absolutely correct. That was a mistake on my part. You will need to move to Ireland and start the process for inviting your mother to Ireland before 31st December if you want to bring her in under the EU freedom of movement rules.

To the best of my knowledge, the Surinder Singh route is not even an option in your case. For that to apply, your move to Ireland as a British citizen would need to have occurred before 31st January 2020.

Moving to Ireland (or any other EEA member-state) before 31st December or India would broadly be your two options if you plan to take long-term care of your parent personally.
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.

omi007
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Posts: 33
Joined: Mon Aug 07, 2017 9:11 pm

Re: Dependent Parent visa and other options for British Citizen

Post by omi007 » Tue Sep 22, 2020 6:43 pm

Thanks a ton, secret.simon and CR001.

Your comment has given me much confidence on this approach (which I would say is like a brave decision).

RizzaS
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Re: Dependent Parent visa and other options for British Citizen

Post by RizzaS » Wed Sep 23, 2020 9:52 am

I am in Ireland as a parent of a British Citizen. I think this might help.



Information Notice for non-EEA family members of British citizens who are residing in Ireland

This communication is for the information of non-EU/EEA nationals who are residing in the State as family members of a British citizen. The United Kingdom will leave the European Union at midnight (CET) on 31 January 2020 on the basis of the Withdrawal Agreement. This Agreement includes a transition period which is due to last until at least 31 December 2020.

During the transition period, EU rules and regulations will continue to apply to the UK and its citizens, who can still benefit from the Freedom of Movement Directive i.e. the right of British EU citizens to live and work in the EU. This means that, until the transition period ends, non-EEA family members of a British EU citizen resident in Ireland are still subject to the provisions of the Free Movement Directive and the exercise of EU Treaty rights and entitlements.

From the end of the transition period, non-EEA family members of British citizens that are newly resident in Ireland will not come within the scope of the EU Free Movement Directive. A separate preclearance scheme will apply to such persons seeking to reside in the State, and they should be in possession of a valid travel document and, if required, an Irish entry visa or transit visa for the State.

Details of the preclearance scheme will be announced in the near future and made available on the Immigration Service Delivery website.

For queries on entitlements during the transition period, contact EU Treaty Rights Division by email at eutreatyrights@justice.ie.

omi007
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Posts: 33
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Re: Dependent Parent visa and other options for British Citizen

Post by omi007 » Wed Sep 23, 2020 11:08 am

Many thanks RizzaS.

This information is also available at,
http://www.inis.gov.ie/en/INIS/Pages/in ... in-ireland

Thanks.

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