Surinder Singh Rule After Brexit Transition Period

[Miansh1]

Hi,

My wife and I have British passports. My kids are born here in the UK, so they have British passports as well. Now my parents are in Pakistan, and they are old. They need to look after, and we can't go back to Pakistan. The easiest way would be to bring them to the UK. Now the only way I can think of is the Surinder Singh route. I kept procrastinating that option, while now the Brexit transition period is almost there, which is 31 Dec 2020.

My questions are:
Is it still viable to go to a European country like Portugal and apply for it?
Do I need to stay for some time there before applying for them?
Would I still be able to apply for the Surinder Sing router after the transition period ends? If yes, would I be able to bring my parents to the UK?

Thanks

[secret.simon]

As per @Obie and my interpretation in this thread, it is no longer possible to trigger Surinder Singh, if you hadn't moved to another EEA member-state/started the initial outbound leg of the Surinder Singh route before 31st January 2020 (the start of the transition period, when British citizens ceased to be EU citizens).

You can still move to another EEA member-state and sponsor your parents there before 31st December 2020, but they will need stay there with you for at least five years before they acquire PR there. You can then return to the UK, while they continue to live in whichever EEA member-state they have acquired PR in.

[Zerubbabel]

Is it still viable to go to a European country like Portugal and apply for it?

Thanks

I don't believe it's viable at this stage.

The Portuguese won't allow you to sponsor your parents in their country if you are there as a tourist. You need yourself to establish yourself there and register before the end of year to secure your own status. We are nearly mid-October and everything is running slow. In the blink of an eye, it will be Christmas and the transition period over.

I think the glorious day of EEA immigration with a British passport are now gone. It's still theoretically interesting to contemplate doing something in the next few remaining weeks, but in practice, i don't believe it's doable anymore.

[Miansh1]

Thanks for your reply. But how long I need to stay there to be eligible to apply for parents. Would Ireland be a better option compared to Portugal? I have a running business and can do a business from any part of the world. So, I can be self employed in that country or can start a job ore even register a company. However, I can not take my family with me as my kids are schooling can be disturbed. Thanks

[ALKB]

Thanks for your reply. But how long I need to stay there to be eligible to apply for parents. Would Ireland be a better option compared to Portugal? I have a running business and can do a business from any part of the world. So, I can be self employed in that country or can start a job ore even register a company. However, I can not take my family with me as my kids are schooling can be disturbed. Thanks

I don't know how the Portuguese authorities treat applications of family members of EEA/EU nationals in practice, as this can vary quite a bit from country to country. (Ireland is well known for dragging out applications well past the maximum processing time allowed by EU law.)

Looking at the checklist of the Portuguese Embassy for this application, they not only ask for certain Indian documents to be apostilled (which is typical for an application under EU law - do you have this ready? If not, can you get this done quickly under pandemic conditions?) but their 'proof of residency' appears to be involving all sorts of documents reaching back at least three months - rent receipts, salary slips/proof of self-employment in Portugal, etc. So, to get that, you have already waited too long to get started.

I think you might be able to challenge how they interpret the EU directive since it should also enable family members to move with you directly (you may or may not have to be where they are and fly with them for that) and since they don't seem to make any difference between family members of Portuguese nationals and those of EU nationals, but I can see major obstacles, as you are in fact no longer an EU national, the Withdrawal Agreement will come to an end very soon, and challenging their general procedure will probably not get you immediate results.

I hope somebody, who has personal experience with the Portuguese authorities will be able to clarify this.

https://pt.vfsglobal.co.in/pdf/National-Family.pdf

Apart from all of this, you do realise, that you will then have to stay resident in Portugal until your parents have obtained permanent residence?

That means at least five years living in Portugal after which you my not be able to leave easily, either. I understand that your parents are old? Would they be able and willing to live in Portugal on their own in five/six years' time?
Even if they manage to obtain Portuguese citizenship at some point, that would not mean that they could then move to the UK with you - we don't know what UK immigration will look like by then but seeing the way things are shaping up right now, I doubt that old EU nationals will be welcomed with open arms.

[ALKB]

Thanks for your reply. But how long I need to stay there to be eligible to apply for parents. Would Ireland be a better option compared to Portugal? I have a running business and can do a business from any part of the world. So, I can be self employed in that country or can start a job ore even register a company. However, I can not take my family with me as my kids are schooling can be disturbed. Thanks

Sorry, I was somehow under the impression that your parents are in India.

Checklist for applicants from Pakistan:

https://www.portugalvisa-pakistan.com/p ... family.pdf

[UK245]

Absolutely no chance at all, in either Ireland or Portugal. In order to effect Surinder Singh, you would need to actually fully relocate your whole life to the new country, and establish yourself properly. That means job or business, kids in schools. spouse moves too, you learn the language if applicable. You'd need to be fully established in the EU state. AND then manage to get that state to issue your parents with EUTR visas, and then stay for long enough at that point that they were considered to be living there fully with you. At least 6 months after they arrived.

All EU member states are well aware that people will attempt to use the Surinder Singh route to get around the rules in their own countries, and they are highly scrutinised. You've left it far too late anyway, it can't be done in less than 3 months even if you were genuine.