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Dear Senior Members,

I thank you for your guidance and suggestions in advance.

I am currently exercising EU Treaty rights in Ireland with my widowed mother to bring her to the UK using Surinder Singh route. She got her Stamp 4 (temporary Visa) last month in Ireland awaiting her 4EUFAM (5years Residence Card) hopefully after June 2016. My wife who is a British born citizen still lives in the UK.

I have already moved my COL to Ireland as I have done the following:
- Joined library
- Got loyalty cards for Dunnes Store, Boots and Holland & Barrett
- Got letter for GP enrollment
- Letters from my friends for participating in local events
- Changed UK Credit Card and Current Account address to Ireland
- Opened savings account

Now the problem is my wife is unable to move to Ireland because of her job and especially because of medical reasons.We thought through several times and my wife moving to Ireland will be a disaster.

I have the following questions If I may ask please?

1. Considering I have moved my COL, and meeting most of the COL requirements, will I still fail COL as my wife lives in UK even though she visits us now and then?

2. Do you recommend any document (legal/medical) that I can obtain to prove she is not in a position to move to Ireland?

3. Do you recommend any good immigration lawyers in the UK if I need any assistance with my mom's UK RC application?

4. Will C457/12 be of any good for appeal if RC is refused?

I really appreciate your time and assistance.

Looking forward to hear from you.

raja.brit wrote:Dear Senior Members,

I thank you for your guidance and suggestions in advance.

I am currently exercising EU Treaty rights in Ireland with my widowed mother to bring her to the UK using Surinder Singh route. She got her Stamp 4 (temporary Visa) last month in Ireland awaiting her 4EUFAM (5years Residence Card) hopefully after June 2016. My wife who is a British born citizen still lives in the UK.

I have already moved my COL to Ireland as I have done the following:
- Joined library
- Got loyalty cards for Dunnes Store, Boots and Holland & Barrett
- Got letter for GP enrollment
- Letters from my friends for participating in local events
- Changed UK Credit Card and Current Account address to Ireland
- Opened savings account

Now the problem is my wife is unable to move to Ireland because of her job and especially because of medical reasons.We thought through several times and my wife moving to Ireland will be a disaster.

I have the following questions If I may ask please?

1. Considering I have moved my COL, and meeting most of the COL requirements, will I still fail COL as my wife lives in UK even though she visits us now and then?

2. Do you recommend any document (legal/medical) that I can obtain to prove she is not in a position to move to Ireland?

3. Do you recommend any good immigration lawyers in the UK if I need any assistance with my mom's UK RC application?

4. Will C457/12 be of any good for appeal if RC is refused?

I really appreciate your time and assistance.

Looking forward to hear from you.

Are you working in Ireland?

raja.brit wrote:Dear Senior Members,

I thank you for your guidance and suggestions in advance.

I am currently exercising EU Treaty rights in Ireland with my widowed mother to bring her to the UK using Surinder Singh route. She got her Stamp 4 (temporary Visa) last month in Ireland awaiting her 4EUFAM (5years Residence Card) hopefully after June 2016. My wife who is a British born citizen still lives in the UK.

I have already moved my COL to Ireland as I have done the following:
- Joined library
- Got loyalty cards for Dunnes Store, Boots and Holland & Barrett
- Got letter for GP enrollment
- Letters from my friends for participating in local events
- Changed UK Credit Card and Current Account address to Ireland
- Opened savings account

Now the problem is my wife is unable to move to Ireland because of her job and especially because of medical reasons.We thought through several times and my wife moving to Ireland will be a disaster.

I have the following questions If I may ask please?

1. Considering I have moved my COL, and meeting most of the COL requirements, will I still fail COL as my wife lives in UK even though she visits us now and then?

2. Do you recommend any document (legal/medical) that I can obtain to prove she is not in a position to move to Ireland?

3. Do you recommend any good immigration lawyers in the UK if I need any assistance with my mom's UK RC application?

4. Will C457/12 be of any good for appeal if RC is refused?

I really appreciate your time and assistance.

Looking forward to hear from you.

You quite clearly fail the COL rule I'm afraid.

member wrote:
Are you working in Ireland?

Yes. I have been in Ireland for 6months.

Wanderer wrote:
You quite clearly fail the COL rule I'm afraid.

Well that is my main concern and the reason for opening this thread.

raja.brit wrote:...

I have the following questions If I may ask please?

1. Considering I have moved my COL, and meeting most of the COL requirements, will I still fail COL as my wife lives in UK even though she visits us now and then?

2. Do you recommend any document (legal/medical) that I can obtain to prove she is not in a position to move to Ireland?

3. Do you recommend any good immigration lawyers in the UK if I need any assistance with my mom's UK RC application?

4. Will C457/12 be of any good for appeal if RC is refused?

I really appreciate your time and assistance.

Looking forward to hear from you.

1) Doubtful.
Caseworker may well beg to differ.

2) No idea. And unclear if a medical exemption would be entertained (let alone permitted) even if you obtained such document.

3) Lawyer is not required.
We don't promote lawyers/advisors here.

4) In relation to mother or to inter-state movement & visiting wife? More info required on your reasoning.

... some degree of uncertainty as to how much ‘movement’ is required, still remains after these judgments. On the one hand, national courts will be faced with the difficult task of determining whether a period of residence abroad was sufficiently ‘genuine’ and has enabled the EU citizen to ‘create or strengthen’ family life

Ref http://europeanlawblog.eu/?p=2301

Note You probably need a FP to get mom into UK before even starting to plan for refusal of a future RC.

Dear noajthan,

Many thanks for your response and I really appreciate your input.

noajthan wrote:
4) In relation to mother or to inter-state movement & visiting wife? More info required on your reasoning.

... some degree of uncertainty as to how much ‘movement’ is required, still remains after these judgments. On the one hand, national courts will be faced with the difficult task of determining whether a period of residence abroad was sufficiently ‘genuine’ and has enabled the EU citizen to ‘create or strengthen’ family life

Ref http://europeanlawblog.eu/?p=2301

Sorry about the typo as I meant C-456 / 12 but good to know about C-457 / 12.

I read the following thread and I was hoping that C-456 / 12 would help us over-turn the decision in the court during in-country appeal process if UK RC if refused because of failing to fulfil COL.

http://www.immigrationboards.com/eea-ro ... 0-220.html

Please correct me if I am wrong.

noajthan wrote:Note You probably need a FP to get mom into UK before even starting to plan for refusal of a future RC.

Because of the above factors, I am not intending to apply for the FP to travel to the UK. I am intending to travel to the UK based on McCarthy's case, directly apply for UK RC based on the documents I submitted for my mom's Irish EU1 Application. I am also aware of the consequences if UKBA officer doesn't permit entry to my mom if she gets stopped at the UK border.

Looking forward for your thoughts.

Appreciate your time and assistance.

Thanks and best regards,