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Adult Dependent Visa application issues

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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balixonline
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Adult Dependent Visa application issues

Post by balixonline » Mon Oct 06, 2014 3:47 pm

- Reposting it as I may have posted it in wrong forum earlier

Hi,
I wonder any of you could provide valuable suggestion please.

My mother is dependent on me for past many years and I have been regularly remitting money for her essential needs. I am a British National and my wife is from EU. My wife and I applied for EEA Family permit which was refused, we successfully appealed and my mother received 6 months EEA family visa.

The whole process of appeal took about a year, in the meantime my wife got British nationality so now we both are British national and my mother is on EEA family visa which is due to expire last week of November 2014.

What can we do? please bear in mind that subject matter hasn't changed, she still is dependent on me solely which we proved in court earlier. so nothing has changed in terms of circumstances but the only difference is that my wife and i both are British Nationals.

its not possible for my mother go travel and live abroad again as when she moved, she literally closed all ties and she does not have any immediate family member back home.

What do you suggest i do please?

dalebutt
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Re: Adult Dependent Visa application issues

Post by dalebutt » Mon Oct 06, 2014 4:51 pm

Because she has been granted FP under the regulation, she will continue to enjoy the rights, submit an application for EEA2.

balixonline
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Re: Adult Dependent Visa application issues

Post by balixonline » Mon Oct 06, 2014 4:54 pm

dalebutt wrote:Because she has been granted FP under the regulation, she will continue to enjoy the rights, submit an application for EEA2.
Thank you for your reply, are you sure about that? as everyone else is saying that since my wife is not british - we can not apply for residency permit.

Also my wife hasn't given up her latvian nationality yet, do you think we could process 5 yr residency permit and then process with denouncing nationality? would it help?

thank you for your time.

dalebutt
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Re: Adult Dependent Visa application issues

Post by dalebutt » Mon Oct 06, 2014 5:01 pm

I believe so, she will not be able to sponsor other family member using her Latvian citizenship, but the rights of those she has sponsored will not be affected by her taking British citizenship.

balixonline
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Re: Adult Dependent Visa application issues

Post by balixonline » Mon Oct 06, 2014 5:04 pm

thats what i have been thinking that since subject matter hasn't changed. situation hasn't changed. taking up british nationality wouldn't change the existing applications .. Thank you so much :roll:

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Casa
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Re: Adult Dependent Visa application issues

Post by Casa » Mon Oct 06, 2014 5:29 pm

In your other thread you posted that your mother-in-law is here on a visitor visa.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

balixonline
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Re: Adult Dependent Visa application issues

Post by balixonline » Mon Oct 06, 2014 5:30 pm

Casa wrote:In your other thread you posted that your mother-in-law is here on a visitor visa.
She was given 6 months family permit .. :oops:


Whats your take on dales opinion please.

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Casa
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Re: Adult Dependent Visa application issues

Post by Casa » Mon Oct 06, 2014 5:37 pm

Dalebutt has more experience with the EU route.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

balixonline
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Re: Adult Dependent Visa application issues

Post by balixonline » Mon Oct 06, 2014 5:40 pm

Much appreciated. I can only thank you both and all who were kind enough to reply.

@Dalebutt, would you be kind to reply if i were to PM you, i promise it wont be chain of messages but rather just one message for your learned response please.

Thanks again.

dalebutt
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Re: Adult Dependent Visa application issues

Post by dalebutt » Mon Oct 06, 2014 6:05 pm

Unfortunately I am unable to receive PM, I can send PM but unable to receive, on your other thread, there is an assertion that your spouse may have lost her Lithuania citizenship, if Lithuania does not allow dual citizenship, then it makes the matter a little more complicated, you may choose to contact Obie or Jambo, I believe they are better placed to assist you going forward.

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Casa
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Re: Adult Dependent Visa application issues

Post by Casa » Mon Oct 06, 2014 6:14 pm

Lithuania allows dual citizenship in limited circumstances. Read through this link to see if anything applies;
http://www.dualcitizenship.com/countries/lithuania.html
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

dalebutt
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Re: Adult Dependent Visa application issues

Post by dalebutt » Mon Oct 06, 2014 6:22 pm

Paragraph 5 of the link provided by casa suggests that she may not have lost the citizenship, if that is the case then you have no need for concern, you should send the EEA2 application together with her Lithuania passport and Certificate of Permanent residence. You should be fine.

balixonline
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Re: Adult Dependent Visa application issues

Post by balixonline » Tue Oct 07, 2014 11:59 am

thats my gut feeling is too that if i were to submit application with my wife's EU passport it should be fine.. Thank you for your time and replies. Much appreciated.

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