Irish citizen through grandparent needs info on becoming a UK resident for a year
 

Hope someone can answer some questions for me.
I am an American citizen with an Irish passport I applied for and received through my Irish grandmother. My 15 year old daughter and our 18 year old niece would like to attend school in the UK in 2017-2018. My wife, my daughter and our niece(we are her legal guardians) only have US passports. Can I obtain residency in the UK with my Irish passport? Can my family legally join me and will my daughter and niece be able to attend schools there? We currently live in the US and always have. We have visited Ireland and the UK in the past but have never lived there for any period of time. I have heard that I can apply for an EEA family permit. I would love to hear from someone who has done this or whether or not it can be done with our niece as part of our family. Thanks!

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

As an Irish passport holder YOU can go live in the UK with no problems. However your family can only visit at this time. The EEA Family permit is known as the Surinder Singh route - search the wiki above - BUT you have to show you've moved your centre of life to an EU country for at least 6 months. This means having a job, owning/renting property etc. Then you can apply to come to the UK under this permit. Be warned tho' the UK government is looking to close this loophole. The alternative is that you come to the UK and apply for a family visa (think that's the one ). However you have to meet the financial requirements :
Appendix_FM_Annex_1_7_Financial_Requirement.pdf

I believe your niece would have to apply herself as she is 18 and I don't believe nieces are classed as "family members" . Brit in Paris may be along before long with more definitive advice - he's our resident UK visa guru!

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

Yes, as an Irish citizen you can apply for an EEA Family permit for your wife, daughter and niece.

As your niece is extended family the following info is from the EEA Family permit website:

Qualifying as an extended family member or unmarried partner

You can apply as an ‘extended’ family member’, eg brother, sister, aunt, uncle, cousin, nephew or niece.

You must be able to show that you’re dependent on the EEA citizen or are a member of their household, or have a serious health condition and rely on them to care for you.

The visa is issued for 6 months only. After three months YOU need to be a qualifying person exercising treaty rights i.e working, looking for work, a student or self sufficient.

NOTE: Self sufficiency means that you need to provide health insurance for your family as the NHS will not be available to you.

Will your children be able to go to school? Not sure..... don't think state schools will accept ad hoc children not on exchange visits. Most schools have waiting lists these days.

Your 18 year old would be at the age when UK students are going to college - and for that you would definitely have to pay.

Read the Family permit website carefully:

https://www.gov.uk/family-permit/overview

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

Irish citizens have almost exactly the same rights as British citizens regarding residence in the UK. SanDiegogirl has given you the rundown on what is required to apply for an EEA Family Permit for your wife and daughter so they can join you. Unlike other EEA citizens Irish citizens are considered permanently settled in the UK the moment they arrive.

If you registered as an Irish citizen before your daughter was born then you should also register her as an Irish citizen so she can join you on an Irish passport.

Your 18 year old niece may have a hard time qualifying for a EEA Family Permit as she is no longer a child and is considered an extended family member. Compulsory education ends at 16 in the UK as well so attending state school would not an automatic right like it would be for your daughter.

This would be correct if the OP was a British citizen. As an Irish citizen he doesn't need to use the Surinder Singh route, he can just move directly to the UK with his family under EEA Freedom of Movement rules.

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

Thank you quiltman, SanDiegoGirl and BritInParis for your informative replies. Our niece will be 18 in February of 2017 and if we decide to move to the UK it would be in the late summer of 2017. Our niece will still be our dependent because of light learning disabilities.
BritInParis, you state that "Your 18 year old niece may have a hard time qualifying for a EEA Family Permit as she is no longer a child and is considered an extended family member." If I can show proof that she still needs to be our dependant will she be able to apply for the Family Permit? As I'm reading through the eligibility section of the EEA family Permit requirements for an extended family member I am not seeing an age cut off.
Also, at the time of our move both my wife and I will be retired. We will have health insurance and will be renting either a flat or house. I believe we will have retirement funds to be self sufficient.

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

There is a definite cut off for Qualifying Family members:

Qualifying as a family member

You must be the EEA citizen’s spouse or civil partner, or related to them (or their spouse or civil partner) as their:

child or grandchild under 21 years old, or dependent child or grandchild of any age dependent parent or grandparent

This might apply to extended family members; there are other qualifying criteria for extended family members to consider.

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

As far as health insurance is concerned, would I be eligible for Comprehensive Sickness Insurance? Would CSI also cover my family assuming that they could get an EEA Family Permit?

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

What do you mean "would I be eligible for Comprehensive sickness Insurance"

CSI is a health insurance policy taken out with a private health insurance.

If you are entering the UK as an EEA national under student and/or self sufficiency status (i.e have savings/investments to support yourself and family) then you must have CSI.

Whether or not you are offered a policy for yourself and family is up to the health insurance companies.

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

"This would be correct if the OP was a British citizen. As an Irish citizen he doesn't need to use the Surinder Singh route, he can just move directly to the UK with his family under EEA Freedom of Movement rules."

Silly me! Forgot he already had an Irish passport and therefore had same rights as a UK citizen. (smacks wrist and enjoys it. :) )

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

[QUOTE=SanDiegogirl;11889391]What do you mean "would I be eligible for Comprehensive sickness Insurance"

CSI is a health insurance policy taken out with a private health insurance.

My apologies, I meant National Health System.

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

A good question. As an Irish citizen you would be. Your family may need CSI however. Something to research.

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

Yes very interesting because usually as an EEA citizen entering the UK with family on Family permit, if the EEA citizen is either a student or self sufficient the whole family has to have Comprehensive Sickness Insurance.

However, an Irish citizen has access to the NHS automatically?

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

I found this from:
Entitlement to NHS Care, UK Health Insurance, UK Insurance - Monetos.co.uk

"The following people are entitled to health care from the NHS:

-British citizens resident in UK
-Anyone who has been a UK resident for at least twelve months
-Anyone with a British work permit
-Foreign students studying for longer than six months in the UK
-EU nationals currently in the UK

I assume I am an "Irish Citizen" with my passport but am I an "Irish National"?

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

The following is from the EEA Family permit website of UKVI:

EEA family members
You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:

-working, eg employment contract, wage slips, letter from employer
-self-employed, eg contracts, invoices, or audited accounts with bank statements, and paying tax and National Insurance
-studying, eg letter from the school, college or university
-financially independent, eg bank statements

Your family member must have full health insurance (comprehensive sickness insurance) if they’re studying or financially independent.


An EU citizen in the UK as student or financially independent must have CSI and so must his/her family.

To answer gadshill if he is not a student or self sufficient then yes, he is eligible for NHS.

Are you going to be working in the UK? Initially you were only intending to be there for up to a year.

Re: Irish citizen through grandparent needs info on becoming a UK resident for a year
 

They are adamant on the EU sites that an Irish citizen who wants to bring their non-EU family to the UK using treaty rights and who doesn't work, must have CSIs for all their family to be exercising treaty rights (for their non-EU family members to be in the UK). The Irish citizen is allowed to be in the UK, even if they don't work.

You can check it out with them. This is one site
EEA-route Applications • Immigrationboards.com

You might also want to read their new board they have opened up, about the changes for non-EU family members under the deal the UK offered to the UK,
http://www.immigrationboards.com/eu-referendum-ramifications-of-eu-uk-deal-f55/