Help with Surinder Singh - PLEASE

[zulakam]

Hi there,

We just recently lost dad and trying to move mum over here to help her start a new life

I desperately need help with understanding Surinder Singh option.

I have been reading European law and it seems like she can only come to join me in Europe if she is fully dependent on me and at least 65 years old. I think I can prove her financial dependency but she is only 55 years old. So my questions to you are:

1) Did I misinterpret the law and she can be under 65?
2) Can she come to EU on a different visa, like family reunion (without dependency/age limit) and then apply for EEA Family member after we spent 6 months there? Basically, does it matter what visa she's on while in EU?

Thanks very much in advance.

[Casa]

You would have to move 'the centre of your life ' to another EU state and show that you have integrated there by working, either employed or self-employed, paying local taxes, registration with authorities, renting property etc. You won't be able to live between the EU state and the UK. You will also have to show that your mother is wholly dependent on you. Having established a life there with your mother, you would then return to the UK with her under the Surinder Singh ruling.
In order for an application for an elderly dependent visa under UK rules to succeed, you would have to prove that your mother is unable to perform simple tasks such as washing and dressing and that the care is either unavailable in her home country or is unaffordable. The argument would be that if you can afford to care for her in the UK, you would be able to afford to pay for care where she is currently resident. Even more difficult if she has other family in her home country and at 55 she wouldn't be considered as 'elderly'.

[zulakam]

Thanks for your quick response!

Yes, I am aware that I will have to move to Europe for a while (I am ready to find a job/move there for at least 6 months).
I am looking into Spain as I lived there before and it would be easier for me to integrate and find a job there.

So, do you think showing that my mum dependent on me for 6 months while living in Spain would be enough to prove her dependancy on me? Does it matter which visa she was on while in Spain? Or does it have to be equivalent of adult dependent visa?

I know how inhumane UK laws are, that's why I am considering Europe route..