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I would like some advice regarding immigration for my mother who is dependent on me.

She lives in Pakistan and she is 56, divorced, all her children including me are British citizen and are settled in England. She does not have any assets on her name.

I am single and currently reside in England however I have been offered a job in Republic of Ireland and will be moving there in a few weeks of time to settle in Ireland. I will be living there on rent basis.

As I will be all alone in Ireland and I have to send money to Pakistan for her to be looked after at a care home for old people, I want her to live with me in Ireland instead and my other brother can also move in with me to look after her which is the best thing for my mother instead of care home that I do not trust.

I would like to know what are the chances of her to get visa in Ireland and what route can I actually take?

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Because you are a British citizen, and because your mother is dependent on you, and because Ireland and the UK are both (still) in the EU, your mother can accompany you in Ireland under the European Union right of freedom of movement, as specified in directive 2004/38/EC.

To do this, she will apply for a visa, exempt from the fee, and after she arrives in Ireland, she will apply for a residence permit. Details can be found at http://www.inis.gov.ie/en/INIS/Pages/Family+Members+of+EU_EEA+_Swiss+citizens.

In particular, note the following:

If you wish to have your visa application considered under the Directive on the basis that you are a family member of an EU citizen exercising or planning to exercise free movement rights you must state this clearly on your application.

(emphasis added)

The directive provides, in article 6, for a "right of residence of up to three months" for union citizens and for "family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen."

"Family members" are defined in article 2; the definition includes "the dependent direct relatives in the ascending line." This means that parents are included if they are dependent.

Article 7 concerns the "right of residence for more than three months," which applies (among others) to union citizens who "are workers or self-employed persons in the host Member State" and "to family members who are not nationals of a Member State, accompanying or joining the Union citizen in the host Member State, provided that such Union citizen" also enjoys the right of residence for more than three months.

Most visa applications serve to authorize an applicant to apply for the privilege of entering the country issuing the visa, but in this case it concerns a legal right, which is much stronger than a privilege. Accordingly, the visa may only be refused under very limited circumstances. These are covered in article 5, which concerns the "right of entry"; it specifies that "such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure."

Article 27 concerns the grounds under which a visa may be refused, which are limited: "Subject to the provisions of this Chapter, Member States may restrict the freedom of movement and residence of Union citizens and their family members, irrespective of nationality, on grounds of public policy, public security or public health. These grounds shall not be invoked to serve economic ends." This restriction of grounds of refusal means, for example, that you and your mother cannot be asked to meet any financial criteria as a condition of granting her a visa.

  • thanks, I rang a solicitor in Ireland and she told me that my mother can come to Ireland on visit visa which will be for 3 months however before that I will need to be working in Ireland for at least 6 months to show the 6 months earning through my bank statement, pay slips etc. and to show that I have paid taxes also to Irish government. How true is that? Also, once I am settled in Ireland, how long do I wait and apply for my mother's visa? Really appreciate your help, thanks again phoog. – Hamza Jan 25 '17 at 12:45
  • @Hamza under the directive, you do not need to establish yourself in Ireland before bringing your mother. However, if you have been in Ireland for more than three months then you do need to be "exercising your treaty rights." This requirement can be satisfied simply by having a job. There's no need for any of the financial requirements, just a letter from your employer ought to be sufficient. If you have been there for less than three months, you don't even need to be employed. You will have to prove that she is dependent on you, however. – phoog Jan 25 '17 at 12:49
  • what would be the best and easy option? Settle there, work and apply for my mother's visa after a month or so or as soon as I am in Ireland, I should just apply straight away? Thanks again :) – Hamza Jan 25 '17 at 13:50
  • @Hamza I would advise you to do whatever is most convenient in terms of the logistics of the move. Your burden of proof is somewhat less if she will join you in Ireland before you have been there for 90 days, but the difference is not very great. If it is easier to move there yourself without having to worry about her move at the same time, then by all means do it that way. The point of the directive is that you have a legal right as an EU citizen to move to Ireland, and your family (including dependent parents) have a derivative right to accompany you or join you. – phoog Jan 25 '17 at 13:59
  • @Hamza I've expanded my answer somewhat. With regard to the solicitor's advice, did you make it clear to her that you are a British citizen? – phoog Jan 25 '17 at 14:16

protected by phoog Oct 27 '18 at 3:47

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