Non EU Family member in EU country sponsorship by BC..

[saqibr1]

Hi everyone
I have a question regarding how to bring a non EU family member in EU first as an extended family member then if UK immigration allows then in UK (due to brexit). Actually I am a British citizen and would like to sponsor my brother and would like to bring him in Ireland first. He is over 21 and currently my dependent financially for last 4-5 years I have bank transaction proves to proof the financial dependency.

As per my information firstly I have to go in Ireland and work there for sometime then can apply Irish visa for my brother to join me as an extended family member.

But I have a little complexity here, In UK I have my wife and my children living with me. My children are British national because of me but my wife is in spouse visa and still she has to complete 2.5 years as a dependent to get her settlement in UK.

Now my question is If I leave UK for 6-12 months to work in Ireland, but my wife stays in UK then what will happen to my wife's spouse visa will it cause any problem for her settlement? As we have already spent 4 years in UK together and don't want her visa discontinuity.

Any senior member please assist me in this respect thanks.

Raza.

[Wanderer]

A wife back in UK/Family won't satisfy the Centre of Life requirement.

Plus with the Brexit wagon finally rolling who knows what the future of SS is, the UK (and Ireland) considers is circumventing the UK immigrations which it plainly is, so it may be worth some thought on that and the likelihood of that door being nailed shut completely.

[MrSlyFox]

Think this belongs more in the "EEA route Applications" section.

You're asking about the Surinder Singh route, you are unlikely to be successful as it requires you to move your centre of life to another EEA country (i.e. Ireland as you say) if your wife and children do not accompany you will mostly like fail to meet the requirements.

Here is the guidance:
Free movement rights: Family members of British Citizens
https://www.gov.uk/government/uploads/s ... ns-_v1.pdf

Plus the requirements have increased since the last changes from November 2016. If it appears the move to the other EU country was just to avoid domestic immigration legislation.

[noajthan]

If you leave your house, family (etc) in UK it will bring your centre of life into question and an attempt via Eire on the Surinder Singh route may fail due to that.

And be aware of considerable delays in processing of entry visas and EU documentation in Eire.

[saqibr1]

Thanks MrSlyFox and Noajthan for sharing the valuable information.

If I do not practice Surinder Singh route. And just sponsor my brother in Ireland while staying myself there in Ireland and my family bank in UK then what options I have? Firstly can I sponsor my brother from Ireland as being British citizen, it does not matter if he joins me in UK or not. If I can then can you please assist me in this respect? what rout should I follow any guidance for EEA sponsorship to non EU family member will be helpful for me.


Thanks
Raza.

[CR001]

That would create a problem for your spouse and her right to remain in the UK on a spouse visa.

Best would be for your brother to find a route he qualifies for himself (tier 4, tier 2...)

[saqibr1]

That would create a problem for your spouse and her right to remain in the UK on a spouse visa.

Best would be for your brother to find a route he qualifies for himself (tier 4, tier 2...)

Thanks CR001 for the information. I also believe so and fully endorse the information you have provided. But is it possible I can sponsor my brother in any other EU country as I have an other brother living in Ireland but he is not EU national yet. If I can sponsor my brother in Ireland and after that he can stay with my other brother.It does not matter if he do not join me in UK. Any information around that will be helpful.

Thanks
Raza

[noajthan]

If you leave and go to any other country it will cause the same difficulties for your wife in UK.

[saqibr1]

If you leave and go to any other country it will cause the same difficulties for your wife in UK.

So it means genuinely if I go in some other country in EU for work like I am an IT consultant and for new contract I can not work freely if I have dependents in UK. Is that correct?

[CR001]

You can work freely (for now) in another EU country and try to sponsor your brother (might not be successful) but then if you leave the EU country and return to the UK without your brother you sponsored, his right to remain in the EU state ends as he is reliant on you in the EU state.

[saqibr1]

You can work freely (for now) in another EU country and try to sponsor your brother (might not be successful) but then if you leave the EU country and return to the UK without your brother you sponsored, his right to remain in the EU state ends as he is reliant on you in the EU state.

CR001 Completely understood and thank you and other senior members contributed in providing the information.


Raza.

[secret.simon]

The Surinder Singh route explicitly does not apply to Extended Family Members, such as brothers. So, you can't use that to bring your brother into the UK anyway.