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Buachaill
Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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I am a Moldovan national, on ILR in the UK since April 2016.

Customer Question

Hello. I am a Moldovan national, on ILR in the UK since April 2016. So around April 2017 I will be eligible to apply for the UK citizenship, as I understand. My key question is - I would like, sometimes in the future, to be able to bring my parents - non-EU citizens (they are also Moldovan citizen now) to live somewhere in the same country as me. I understand that in the UK the laws are very strict on this - I'd only be able to bring in one parent, and only when they require assistance and care that they cannot get in their country of resident. I recently did a search and found (http://europa.eu/youreurope/citizens/residence/family-residence-rights/parents/index_en.htm) that if I, as an EU citizen, am moving to another EU country, my parents could join me as dependents with full rights as non-EU children or spouse (they wouldn't need welfare support). (they also say that if i only ever lived in one EU country, this case would fall under the national law). Is this the case? And does it apply in any EU country? If so, how long would I need to be resident in that country to be able to bring my parents? Even though I was not planning to think about this for at least another 5 years, Brexit makes things more urgent. So I was thinking that if this rule applies, then I would need to (a) move to another EU country while the UK is still a member of the EU - i.e. as soon as possible after I get my UK citizenship in 2017) and (b) move my parents to that country also while the UK is still a member of the EU. If my understanding is correct, then I'd like to know whether any particular country would have better conditions for family reunion. Thanks very much in advance!
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Buachaill replied 2 months ago.

1. Dear Evghenia, yes, you are correct about the law in this area. Should you obtain UK citizenship, you would be entitled to bring your Moldovan parents to live with you should you move to live in another EU country. For example, should you, as a UK citizen move to Ireland, you would be able to bring your Moldovan parents to live with you as a dependent in Ireland should you so wish.

Expert:  Buachaill replied 2 months ago.

2. This is allowed under the EU Free Movement of Persons principles. However, be aware that this rule applies uniformly in each of the Member States of the EU. So, if you were to move to France, or Germany, for example, you could still bring your Moldovan parents to live with you in each country as well, so long as they weren't a burden on the state ie were financially able to look after themselves or you were able to look after them.

Expert:  Buachaill replied 2 months ago.

3. Be aware that there is no EU country which would provide for benefits to be paid to your parents in this situation. Instead, they would have to become naturalised citizens of that country (after between 5-10 years) and then they could access the benefits system and health system of the country in which they were then citizens of. So, the answer is that ther e is no country which is more generous to your parents if they were to move there. The only difference would be that some countries, such as Germany, would not allow them to become naturalised citizens, whilst other countries, such as Ireland, would allow them to become naturalised citizens after five years residence.

Expert:  Buachaill replied 2 months ago.

4. Please Accept or Rate the Answer as unless you do so your Expert will not get paid for answering your question.

Customer: replied 2 months ago.
Thank you so much! Could I ask you two more clarifications on the above? 1) Would they be able to join me immediately once I move, or after several years? (If so, I may stop being an EU citizen, once the UK leaves the EU). 1) How would I need to prove that I am able to financially support my parents? Or that they will be able to support themselves? (They don't have any savings apart from houses that they would be able to sell, in the amount of about €100,000 in total. But they would be willing to work). Is there a source somewhere online for different member states? And 2) Is there a source where I could find out which member states would allow them to naturalise, and which wouldn't? E.g. we already have a flat in Germany. So Germany would have been one of the countries I'd be seriously considering. Would Germany never let them naturalise, or it would take longer? (Or, perhaps, Germany would still provide some welfare support, without naturalisation? Although this is not what we are looking for). I personally would be less interested in Ireland, and more in France, Germany, Belgium, Netherlands, Spain, maybe Scandinavian countries.
Expert:  Buachaill replied 2 months ago.

5. Your parents would be able to join you immediately you move. There is no need to wait several years. Once you are resident in the new country they can join you. Secondly, there is no "proving" of ability to support your parents. You merely need to apply for them and they must be able to support themselves. This means that they will not get benefits. Thirdly, YOu will need to consult each States law to find out about the individual rules of naturalisation. Here you can also check the EU websites.

Customer: replied 2 months ago.
Thank you. When you say "here you can also check the EU web-sites", what do you mean by "here"? Did you mean to paste a link?
Expert:  Buachaill replied 2 months ago.

6. What I state "here" I mean "on this subject". Essentially, you can search the websites of the individual counties to see what are the laws in the State in regard to gaining citizenship when you are an elderly person residing in the country.

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