Advice on surinder singh route when BREXIT is there

[negiyk]

Hello Everyone,

I am looking a advice to bring my mother(Age 65) from India who is financially dependent on me. She is living alone there, I have no sibling left (Brother passed away) now to take care her.
I have job offer to work in Ireland with a good salary(75K Euro), have wife here she also working in care industry.
Two kids, one going in the year 7 secondary school.
My question is can I excerice the EU treaty on my own instead of moving family there and distrubing their job and school etc?
What are the slim chance to get visa for my mum and how much time would it take?
If anyone can guide me the process in steps that what I all need to do and any pros and cons would be great help?

Many thanks to all Seniors and Admin and Mods.

[ohara]

You need to demonstrate that you have moved the centre of your life to the new member state.

[noajthan]

Children, wife, and primary residence all have to move.

[ohara]

Further to that, young children can adapt very quickly to new places, especially when they speak the same language.

[secret.simon]

First, check out this thread on the new EEA Regulations, which seem designed specifically to make the SS Route harder.

Second, your center of life has to move to Ireland. If your family stays in the UK while you attempt to move to Ireland to get your mother here via SS, it is a fairly transparent attempt to frustrate UK Immigration Rules and hence is more likely to fail.

What you can do is get your mother to Ireland and look at making her a permanent resident of Ireland, followed by Irish citizenship. She could then move to the UK as an Irish citizen. But you are looking at moving to Ireland for five years.

[negiyk]

Thanks for everyone, I am very much confused now, honestly don't what going to change after 25th Nov.

But usually via SS rule poeple get back to UK in 3-6 months but I am not sure why I need to stay there 5 years in Ireland. If that is the case the because of BREXIT I couldn't back to UK right?

Thanks again.

[CR001]

Thanks for everyone, I am very much confused now, honestly don't what going to change after 25th Nov.

Did you click on secret.simon's link that he provided

First, check out this thread on the new EEA Regulations (click), which seem designed specifically to make the SS Route harder.

[negiyk]

I went through all the conditions but I couldn't see the that I need to family? Means only I can move there and live there for long time say more that 6 months and get all the documents ready and can back to UK in 1 year time frame, However I am even ready to stay there for more than a year.

(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a British citizen as if the British citizen (“P”) were an EEA national.
(2) The conditions are that–
(a) P is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom;
(b) if the family member of P is P’s spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in the EEA State before the British citizen returned to the United Kingdom; and
(c) the centre of P’s life has transferred to the EEA State where P resided as a worker or self-employed person.
(3) Factors relevant to whether the centre of P’s life has transferred to another EEA State include–
(a) the period of residence in the EEA State as a worker or self-employed person;
(b) the location of P’s principal residence;
(c) the degree of integration of P in the EEA State.
(4) Where these Regulations apply to the family member of P, P is to be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.

[negiyk]

second paragraph:

8. In general, the longer the British citizen has resided in another EEA member state as a worker or self-employed person, the more likely it is that they have transferred the centre of their life to that member state.
9. For example, a British citizen who has lived and worked in another member state for a period of two years is more likely meet the requirement of regulation 9(2)(c) than a British citizen who was employed in another Member state for a period of four months.
It turns out that four months is in fact more than sufficient, as long as family life was created or strengthened in that time.


On degree of integration the guidance states:

12.When considering the degree of integration in another EEA member state, relevant factors may include:
a. Does the British citizen have any children born in the host member state? If so, are the children attending schools in the host member state?
b. Does the British citizen have any other family members resident in the host member state?
c. Has the British citizen immersed themselves into the life and culture of the host member state? For example, have they bought property there? Do they speak the language? Are they involved with the local community?
The more of these factors that are present on a case, the more likely the British citizen is to be considered as having transferred the centre of their life.