EEA Permit (Mother in Law)

[missfof9]

Hello Guys, I have a question but let me start by explaining a little bit the situation.

I'm a French national and my husband is from Ivory Coast(West Africa), he is now a French National as we have been married for over 8 years. He also has Indefinite Leave to remain and he has applied recently for British Citizenship but hasn't received his approval yet.

So basically we would like to apply for an EEA Family Permit for his mother who is back home, now the problem is she was previously in the UK on a family visit visa and she overstayed! She had to go back home in 2009 because her husband passed away and she had to attend the funeral. I remember at the airport they took her details etc...

Now I have several questions in fact:

1- Should we wait for my husband to receive his approval for British Citizenship before apply for EEA family permit? Because I think non British EEA nationals do not pay for the Permit but if you are British you pay!

2- Home Office has known him as an Ivorian Citizen but not French, do you think this is have an impact on the EEA family member application?

3- Most importantly, knowing that his mother had overstayed before, do you think she will be granted family permit? This was 5 years ago so maybe her file has been wiped out!

Thanks for replies in advance.

[dalebutt]

Her overstaying will not affect her application for family permit, is your mother-in-law dependent on you guyz here? do you support her financially? do you have proof of that?

[missfof9]

Hi, Thanks for the reply.

It's quite confusing because it says on UKBA website:

You must provide proof that you’re financially dependant on your family member in the UK if you’re applying as their dependent extended family member.

I think my mother in law is not considered as extended family member so do we really need to show evidence that she financially dependent on my husband?

My husband sends money every month but the problem is his sister is the named recipient because his mum cannot really travel all the way to collect the money.

What do you suggest?

[dalebutt]

Would she be able to get by without the money your husband sends to her? Is she completely dependent on that money being sent? Is your husband sister supporting her financially?

I think my mother in law is not considered as extended family member so do we really need to show evidence that she financially dependent on my husband?

If she is not considered an extended family member she cannot apply for an EEA FP, she is not entitled to apply if she is not considered an extended FM to begin with.

[missfof9]

Wow Dalebutt I'm definitely confused now lol

OK this is how I understand it, there 's 2 categories who can apply for FP. It says this on the UKBA website:

You can apply as either:

the wife, husband, civil or unmarried partner, child, grandchild, parent or grandparent of the person you’ll be joining in the UK

or

a dependent extended family member - eg unmarried partner, brother, sister or cousin

So I supposed my mother in law is in category 1 as she is a parent (my husband's mother) and not extended family member (e.g brother.....)

And she is dependent on my husband's money and his sister received the western union and gives the money to my mother in law but she doesn't really support her.

[dalebutt]

Yes you are correct, I didn't understand your statement previously, your mother-in-law is a dependent as direct relatives in the ascending line according to the directive, you made reference as to her not being considered an extended family member, You will need to show evidence that she is dependent on you or your husband. Financial dependency is sufficient.

[missfof9]

Ok great. So I think we will start sending the western to her name and not my sister in law.

Do you think 6 months of evidence would be enough?

Or maybe if we say that we have been sending the westerns to my sister in law as my mother in law is elderly and she cannot really go there and retrieve the money herself it will be ok?

We have been sending the money for years now so we have proof.

[dalebutt]

Yes you do not have to change the receivers name, you should write a note accompanying her application, explaining the reason why you have been sending the money on your husband's sister's name, should be normally be OK. But I should add, your husband's sister living in the country will be of disadvantage to her, I do not agree that the UKBA interpretation is in line with the directive, but this might be an obstacle to her receiving the FP, perhaps it is better to start sending the money on her name, but then you will have to prove there is no close family member in Ivory coast

[dalebutt]

Is she living with your husband's sister?


EUN2.9 How do I establish dependency under the EEA Regulations?

Direct family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit, (children under 21, spouses, civil partners do not need to provide any evidence to show dependency on the EEA national).

Extended family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit (durable partners do not need to provide evidence to show dependency on the EEA national). Emotional dependence to the EEA national would also be expected in order for an extended family member to qualify for an EEA family permit.

Whilst the following criteria are not in themselves grounds for refusal, they should be taken into consideration when assessing dependent relatives:

Whether there are any other close relatives in the country of origin from whom the family member receives material support. If a family member receives funds from the EEA national but, for example, is living in the same household as another relative who provides their food and accommodation, the family member cannot be said to need the financial support of the EEA national in order to meet his / her essential needs.
Whether the family member leading an independent life. For example, if a direct descendent 21 or over is married (and especially if they have children), it may be questionable as to whether the EEA national is supporting the essential needs of both the family member and their spouse and children. In such cases additional attention should be paid to ensure that the financial essential needs of the family are being met by the EEA national.

10. EUN2.10 What if I suspect a marriage / civil partnership of convenience?

The definition of ‘spouse’ and ‘civil partner’ in the EEA Regulations does not include someone who has entered into a marriage / civil partnership of convenience.

[missfof9]

Thank you so much Dalebutt for your replies.

I think we will just make the application and hope for the best, we have nothing to loose as there is no cost involved.

Our main concern is the overstaying.

I don't understand why we should prove there is no close family there, it doesn't change the fact that she has the right to come to the UK and stay if her son.

HO rules are so complex.

Thanks again for your help and your valuable input

[missfof9]

No she doesn't live with her, my sister in law is married and lives with her husband but she doesn't support my mother in law.

How do we prove this?

[dalebutt]

If she lives on her own, then it is better, If you can prove that her livelihood depends on only the monies she receive from your husband, then I do not think you should have problem. Forget about the overstaying, previous immigration history does not affect one's application under the EEA regulation except in extreme circumstances.

If you are going to use the previous document which has her sister's name as the receiver, then it will be wise to clear any doubt. Any proof of address from your husband's sister to show that the actually live apart, in the letter, it is also better to explain this so that it is clear to the decision maker.

[missfof9]

Ok right.

the wise thing to do is I think is for us to start sending the money to her name to avoid complications.

Thanks Dalebutt