Surinder Singh route and C or D visa

[HRH]

Hi,

I would start first of all Thanking ST2447 for sharing this inspiring story & congratulating all who have successfully gone through this process.

About Me
I, my wife & our son ; all British Citizens were based in London. I & my wife were both Financial Service Professionals. Despite of stable jobs, own property & earnings above the threshold limit set for sponsoring the elderly dependents, we were unable to bring my elderly parents from India to join us.

In 2012, on two different occasions, my father had two brain hemorrhages leaving him completely paralyzed. Being the only son, I would visit India almost every two months as I was more worried about losing my mum, who despite of her age & all the trauma was single evenhandedly looking after my father.

After all this juggling, in 2014 I, my wife & son moved to India & the same year, I lost my father to yet another hemorrhage. Technically for almost 2 years, I moved the so called CENTRE OF LIFE from UK to India to unify my family but I can't use this towards getting my mum permission to stay in UK.


Desperate to return to London & resume our normal life, I decided to pursue SS Route & exercise my Treaty rights in IRELAND. Having gone through many forums & scenarios from 2012-16, I realised that things are not straight forward. Some of the experts suggest to go for C- Visa while some suggest D.

On 07 Jan 2016, I applied for Long Stay (D) visa under EU Family member category at Pune vfs which was received by Delhi Visa office on 08 Jan'16...... Since then, I have been waiting for the visa.
I have written to Visa office on 5-6 occasions expressing my concern whilst prompting them to ask me for more documents, (if they need)... But the answer is still the same, "Your visa application is under process due to some checks .As soon as a decision will be taken, you will be notified".

Could someone please suggest if I made a mistake by applying for D (Long stay) visa, if so then would you suggest to withdraw application & make a fresh application for C (short stay) visa?

[itsmanu]

@HRH

It sounds like you are not in Ireland. I am not sure about the official processing time about D visa but short term C visa path is not very rosy at the moment.

http://www.immigrationboards.com/irelan ... 03581.html

You can ask other experts on the forum but my suggestion would be to try some other country in EU to genuinely exercise your treaty rights.

Ireland visa processing time :

http://www.inis.gov.ie/en/INIS/Pages/Cu ... sing_Times.

I would not withdraw the application but try other EU country. As far as I am aware your passports are not send to Dublin. They sent electronic copies. So you can request your passports back without withdrawing your application. This should allow you to try something else.

Again experts can throw some light here.

Good luck

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

After all this juggling, in 2014 I, my wife & son moved to India & the same year, I lost my father to yet another hemorrhage. Technically for almost 2 years, I moved the so called CENTRE OF LIFE from UK to India to unify my family but I can't use this towards getting my mum permission to stay in UK.

...

You are correct, Surinder Singh is about free movement within the EU.
In the context of the UK's somewhat controversial wrapper on top of EU free movement, moving to India does not count as moving your centre of life.

[HRH]

Moderators, is there some way I could edit my post? Seems that auto correct corrected some words changing the meaning

[noajthan]

Moderators, is there some way I could edit my post? Seems that auto correct corrected some words changing the meaning

There is only a short-time period available to edit posts.

There are various security tools running on the site (as you might expect with a 21st century public forum).

However, I can't see anything untoward in your original post.
You can rephrase and repost some of your sentences if you wish.

[HRH]

I am not sure if I should feel relieved or was it just a fooling exercise which we went through this morning.

My mum (applicant of D Visa submitted on 07 Jan'16 under treaty rights) received a phone call from Visa center -Delhi, where the lady insisted upon speaking to the applicant only.

The phone call lasted for just over 30 minutes where my mother was asked:

- Life history, details of my late father including his occupation.
- Despite of clearly stating her occupation as home maker, they asked what does she do for a living.
- If she visited UK or any other European country & why did she visit.
- Occupational details of her other children & their spouses (my sister & brother-in-law).
- If she had any other relative whom she can stay with, in India.
- Details of her finances (which is a decent amount as per UK standards).
- Value of her property in India.
- Details of my work in UK & India including designations & duties & reason for leaving. I could see that my mum was struggling with my designations & duties. Off-course, I don't expect her to mug my CV up! After replying in her version, when my mum added that I left my Indian job in Dec'15, then she was asked the reason for quitting & the source of funding our expenses in absence of regular income. My mother explained that I left the job to tie loose ends as we never expected this much delay in Visa & that i had to serve several months notice to my employer which would not have happened if her visa was granted in a timely manner.
- Details of my wife's work in UK & India & reason for her not working in India.
- Her medical condition, were my mum replied that she went through a knee replacement surgery couple of months ago to avoid any problem in Ireland.
- Details of our property in UK.
- Why Ireland? Does she have any relatives there? Has she been there before?

After this interview the lady accepted my request to speak with her where I clarified all the facts.

Again she was reluctant in the beginning & suggested that she got all the details from my mum. Then I asked her how would I know specially when I could see my mum was struggling with some answers & that I should be given a fair chance to re-structure the given facts. After she agreed, I then reiterated the facts whist advising that documentary evidence (if required) can be provided to support the stated facts.
In response to her question, why Ireland; I replied that I am making this move to reunify my family & permanently settle in Ireland whilst resuming our career (where we left it in UK) by exercising my rights under directive 2004/38 EC.


After all the clarification she advised that she now has all the info & that the decision would be made shortly. I also asked her if I made a mistake by being upfront about our intentions of settling in Ireland & applying for D visa for mum instead of C Visa, which she refused to comment on! She added that the application has been & will be processed like a D Visa.

[HRH]

It's nearly 4 months since we applied for my Mum's D visa & we still haven't heard anything..
Wrote to SOLVIT, EU treaty rights @ justice, Europe advise but NO LUCK.

Any suggestions or guidance from the experts will be most appreciated.

The question still remains the same. Have a made a mistake by applying for D visa instead of C visa.

[Hamza2013]

Hi HRH,

I suggest to keep calm and wait for the response. Ireland is playing very hard to allow people in just with the fact that a SS is executed. I reckon the delay by Ireland is to wait and see what happens in referendum. I dont see any mistake happen by you as it is your right to exercise treaty rights.