Non-EEA Family members of UK National

[majq]

Dear members,

I am a British Citizen, planning to bring my non-EEA family members (Parents & brothers) as dependents in Ireland (eventually to UK) through EEA directive 2004/EC/38.

I have read several posts and EU papers on this topic but i have few questions. I hope members can answer them.

1) Lets say a British citizen go to Ireland and exercise treaty rights. Then, which visa type should be applied first?
-Do family members need to come on visit C visa first and then apply for Residence Permit?
- Or Can they directly apply from their country for the EU Family Directive 2004/38/EC?
- Or should they come to UK on visit then go to Ireland and apply for apply for Residence Permit?

2) What are the documentary evidences that would suffice to prove family members' dependency on EEA citizen? Will Bank statements showing consistent remitances be enough? And some sort of Medical History for elderly parents?

3) If UK citizen shows himself self employed i.e he would setup a Limited company and have all documentation (income, rental agreement, bank accounts, Tax documents etc.) to show that he is based there. But he keeps traveling between UK and Ireland, will there be any issue?

4) If UK citizen, after bringing non-EEA family members to an EEA country (Ireland) goes back to UK. Can Family members just keep living in Ireland legally without UK citizen being there? Is it allowed?

5) Can a UK Citizen living & working in Ireland apply for NON-EEA In-Laws (Parents, brother) while spouse (UK citizen) is in UK. Is it allowed? Assuming all the bank transfers have been made to show dependency.

Thanks,

[noajthan]

2) For your question about dependency, see HO guidance in this area which may give you a steer:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- ref. page 19+

3 / 4 / 5)
To answer your questions 3, 4, 5 you have to factor in the 'centre of life' rule that UK has controversially imposed onto regulations for the Surinder Singh route.

You can read more here;
it may help you decide how compliant your plans are with relocating your 'centre of life' (& being able to prove it to HO's satisfaction):
https://www.freemovement.org.uk/surinde ... tion-route
&
https://www.freemovement.org.uk/eu-to-i ... nder-singh

[CR001]

4) If UK citizen, after bringing non-EEA family members to an EEA country (Ireland) goes back to UK. Can Family members just keep living in Ireland legally without UK citizen being there? Is it allowed? No, their status is dependent on YOU exercising treaty rights. They cannot live in Ireland on their own unless they qualify for a visa in their own right.

5) Can a UK Citizen living & working in Ireland apply for NON-EEA In-Laws (Parents, brother) while spouse (UK citizen) is in UK. Is it allowed? Assuming all the bank transfers have been made to show dependency. No, because then it is evident that you have not 'moved the centre of your life' to Ireland.

[majq]

Many thanks for the responses.

With regards to my Question 1,

1) Lets say a British citizen go to Ireland and exercise treaty rights. Then, which visa type should be applied first?
-Do family members need to come on visit C visa first and then apply for Residence Permit?
- Or Can they directly apply from their country for the EU Family Directive 2004/38/EC?
- Or should they come to UK on visit then go to Ireland and apply for apply for Residence Permit?

Which route should be followed for "Extended Family" or "permitted family members" ? Should they directly apply from their non-EEA country?

Also, i have read few posts from last year which was bit discouraging. They said that its difficult to demonstrate dependency for the extended family members i.e. parents and siblings .

http://www.immigrationboards.com/irelan ... 60686.html

It is strange because INIS and UKBA guidance papers explictly mention the required evidences (bank statements etc.) to prove the dependency. Then on what basis they would not accept the dependency.

Thanks,