# EEA route for non EU elderly parents



## itssemi (Dec 10, 2013)

Hi everyone. I have been reading this forum for a while, I would appreciate if someone knowledgeable could answer a couple of questions. 

I am British but my mother is non-EU citizens living in India. She is 60 years old and no one there to look after her so we applied for elderly dependency visa we got refusal. Since July 2012 rules are changes so there no way I can bring her here as an elderly dependence visa.
My plan is if I move to Portugal and work over there for 3 months so I become EU citizen and bring her my mom to Portugal and then I apply for the family permit. Can my elderly mother use Surinder Singh route to come to the UK to join me here? 

Would really appreciate some thought on this,
1. I will move to Portugal and will rent an apartment for 3 months (minimum) and find a job so I can get pay slip and open a bank account. Once I have spent 3 months+ in Portugal, do I need to register somewhere for exercising my treaty rights and convert myself to EEA citizen instead of British citizen? What is the process

2. After 3 months, does my mother need to apply a tourist or family visa from India to join me in Portugal?

3. Can I file for a residence permit as soon as my mother enter Portugal to avoid any illegal stay and help in EEA Family Permit application?

4. After about 3 months of stay, apply for EEA family permit for my mother at UK embassy in Portugal?

5. Once she get the EEA family permit can we return to UK? After getting the entry in UK and EEA family permit, then complete EEA2 form, which would give her 5 years residency in UK?

6. For financial dependency –my mother is not employed and does not receive any pension or benefit whatsoever. I am sending the monies on monthly basis for last 10 years and I have all bank statement. I am transferring money from UK account at the moment, once I am in Portugal do I need send money from Portugal to show that she is financial dependency on me? 

7. UKBA already refused my mom’s elderly dependency visa application, what will happen when she will travel with on EEA family permit to enter to UK? Will UKBA will stop her?

I will really appreciate if someone can guide me.

Thanks,
Samir


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## Joppa (Sep 7, 2009)

Your mother has to live with you in Portugal throughout your stay, so 3-6 months while you work or get self-employed. She will need a Schengen visa to enter, and then apply for residence permit/card on the strength of your EEA citizenship.

You can try passing the dependency criteria by submitting your bank statement showing regular remittances. UK won't refuse her entry when armed with EEA family permit.


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## itssemi (Dec 10, 2013)

Hi Joppa,

Many thanks for quick response, can I check few thing with you?

1.Once I move to Portugal, can my mom apply for the Schengen visa from India ASAP? What kind of documents do I need to send it her?

2.Once she is with me do I have to wait for 3 to 6 months to apply for her residence permit/card?

3.Once I am back in UK, what will happen to my nationality? I am still British citizen or do I need apply as well?

Has anyone had this done recently? Please reply to me…

Thanks,
Samir


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## Joppa (Sep 7, 2009)

Usual documents such as financial support, accommodation etc.
Yes. But see below.
You are still British, so nothing for you to apply.
Remember from January, the Surinder Singh route (that's what you are using) is being tightened and you need to show you have transferred the centre of your life from UK to Portugal, such as length of residence and employment/business, integration etc. Whether you can do that in 3-6 months is open to question, and how you can integrate without fluent Portuguese will be another. Read today's thread about Surinder Singh.


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## itssemi (Dec 10, 2013)

where can I read this todays Surinder Singh thread? what If I move to Ireland then I don't have to worry about Portuguese language.

Please help me, otherwise I have to move to India Permanently with my kids and wife.


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## WestCoastCanadianGirl (Mar 17, 2012)

itssemi said:


> where can I read this todays Surinder Singh thread? what If I move to Ireland then I don't have to worry about Portuguese language.
> 
> Please help me, otherwise I have to move to India Permanently with my kids and wife.


Same thing applies for _anywhere_ within the European Union, regardless of whether it's Germany or Portugal, Greece or the Republic of Ireland... you have to prove that your life has shifted from the UK to an EU country. 

As Joppa has stated, it has yet to be seen how the UKBA will enforce this new rule. Ireland will be helpful, as far as language goes, but you're going to have to prove that the centre of your life has shifted out of the UK and into Ireland, and you're going to have to expect to stay in Ireland for at least 3-6 months, if not longer.


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## nyclon (Apr 3, 2011)

itssemi said:


> where can I read this todays Surinder Singh thread? what If I move to Ireland then I don't have to worry about Portuguese language.
> 
> Please help me, otherwise I have to move to India Permanently with my kids and wife.


http://www.expatforum.com/expats/br...-living-uk/284442-surinder-singh-changes.html


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## itssemi (Dec 10, 2013)

Thank you all for your responses,

Few more questions..

1. Once I will move to Portugal or Ireland, do I need apply for any family permit for EU or EU citizen cart etc??

2. Once my mother join me in EU, do I need to apply for the EEA Family Permit / Card in British embassy in ( Portugal or Ireland ).

Many thanks for your help,


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## Joppa (Sep 7, 2009)

1. You don't need anything - just your UK passport. EU citizen card is optional.
2. Your mother can get EEA family permit anywhere outside UK, but it clearly makes sense to do so locally, as she needs to give her biometrics.


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## itssemi (Dec 10, 2013)

Thanks Joppa,

I have email Portuguese embassy in India regarding the Schengen visa to enter my mother into Portugal but don't know anything.

My mother needs to pay for this visa or is it free?

Thanks !


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## itssemi (Dec 10, 2013)

They don't know anything*


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## Joppa (Sep 7, 2009)

If you are travelling together, the visa may be issued free. If she is joining you in Portugal, probably not.


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## itssemi (Dec 10, 2013)

Hi Joppa,

Yes, she is joining me in Portugal, Do I need move to Portugal and work over there then go to India to get my mom?

Can you please advice what is the best route to get her Portugal visa? 

Thanks !


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## Joppa (Sep 7, 2009)

Your mother should join you at the same time as you enter Portugal or shortly after, as she needs to be living within you throughout the time you are exercising economic treaty rights.

You need to check with Portuguese consulate about what they require, but normally it's Schengen short-stay visa followed by residence card which she applies in Portugal with your EEA national status.


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## itssemi (Dec 10, 2013)

Thank you very much your help Joppa..

Much appreciated !


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## itssemi (Dec 10, 2013)

Dear all,

Any news on the 'centre of life thing' at all? Has anyone recently used SS route for the elderly dependence parents?

Cheers,


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## Joppa (Sep 7, 2009)

Too soon to tell, but they are saying that you now need more like a year working in another EEA country.


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## itssemi (Dec 10, 2013)

Anyone recently used SS route for the elderly dependence parents?


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## vkjainuk (Apr 23, 2014)

itssemi said:


> Anyone recently used SS route for the elderly dependence parents?



Hi Have you started this process as I am in similar situation.

I intend to bring my mother (55) from India to UK for longer term. I am open to move to other EU country for 6 months & then come back to UK.


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## Joppa (Sep 7, 2009)

vkjainuk said:


> Hi Have you started this process as I am in similar situation.
> 
> I intend to bring my mother (55) from India to UK for longer term. I am open to move to other EU country for 6 months & then come back to UK.


You stand a very little chance of success. Jrge tells us 90% of applications he helped to submit since January have been turned down, and none of them involved extended family member.


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