EEA2 for Parents currently on visit visa in UK

[desertman]

Can someone please advice, I have submitted my EEA2 application (as married spouse of of EU citizen) in Feb-2015 and now I have my interview in liver pool on 8th Sep along with my wife. We registered our marriage in UK in July 2015.

My parents are in UK on family visitor visa, their visa is expiring on 2nd Oct 2015. I have to apply for their EEA2 application as my father's health condition is not that good and he needs continuous support (he is of 69 years old), I don't want them to go back as no one is there to take care of them. I am not sure either I will get any outcome of my application before that.

So is it possible that I can apply for their EEA2 application before the outcome of my own application??

Please advice.

thanks

[chriskv1]

So you want to apply EEA EFM for your parents under your partner ?

[desertman]

No not the EEA FM but the EEA2, they don't need FM as they are already in the UK on visit visa. FM is only required to enter in the UK.

[chriskv1]

You're confusing yourself .

EEA FP (Family permit) is what is used to enter the UK .

The EEA2 was split into two

EEA FM for direct family members of the EEA national such as parents ,spouse .etc
EEA EFM is for extended family members .

So , You want to apply for EEA EFM under your spouse for your parents ?

[desertman]

Hi Chriskv1,

yes you are right that is EEA FM as directly family member of EU national.

So I want to apply for my parents on basis of my wife (she is EU national) while my own EEA2 application is under process. I am not sure either I will get response before their visit visa expires as I have my interview in liver pool tomorrow.

Any suggestion?

thanks

[chriskv1]

Does EEA FM apply to your parents ? As I believe Mother in law and Father in Law (in laws) are extended family members .

[obormot]

In-laws are direct, not extended, family members of EU citizen, as long as they were either dependent on EU citizen before moving to UK (!), or lived with him/her in the same household before moving to UK (!).
I would think proving dependency or life in the same household (BEFORE moving to UK) is much easier, then application on health grounds..

[Casa]

It would be wise to read through the UKVI official guidance:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf

[obormot]

Yes, but official guidance to look at is this one (direct, not extended, family members):
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf

[desertman]

thanks the guide is very useful.

But as I will be applying from my wife (EU national) side but she have not stayed with my parents before moving to UK and I am in the UK from last 7 years (was on student visa) but before moving to UK I was staying with my parents... Will that be OK to prove them as direct family member?

thanks

[Casa]

What evidence will you be able to submit to prove that they both have been (and continue to be) dependent on you? Did they mention this dependence in their visitor visa application?>

[desertman]

For their visit visa application, my brother who is British national sponsored them and he showed his documents that he will full-fill all of their expenses including tickets, accommodation etc.

From my side I can prove that they are staying with me and my wife (EU national) in the same house in UK and I was living with them 7 years back before coming to UK. I paid some of their fee in private hospital in London and will be supporting them continuously so can attach those receipts.

[Casa]

If your brother sponsored their visitor visa application it may be difficult to prove they are dependent on you and your EEA wife.

[Wanderer]

Agree with consensus, this would be a flawed application, doomed to fail...

[obormot]

On page 17 of the link I cited above it says:

Where dependency is necessary, the family member does not need to be living or have lived in an EEA state where the EEA national sponsor also lives or has lived. Their dependency on the EEA national sponsor does not need to have existed before they came to the UK.

And then:

No valid proof of dependency provided
If they can not provide valid proof to show they are currently dependent on their EEA national sponsor,
or the sponsor’s spouse or civil partner, you must check the guidance for extended family members to see if they satisfy the conditions of regulation 8(2) of the Regulations.
For more information, see related link: Extended family members. For examples of how to apply the four-stage test see related link: Example scenarios of the qualifying conditions four stage test.

So it seems that it is enough to show that they are NOW dependent (for example, from the time they came to UK), not that they were dependent BEFORE coming to UK.
My impression (when I applied fro my parent) was that dependency should have existed before they'd come to UK. Did it change?

[Casa]

All I can comment on is that I recall a post describing a similar situation a couple of years back where the application was refused due to the mother-in-law (of the EEA national) not mentioning dependence in her visitor visa application. The EEA permit application was refused. I'm not aware of any changes.

[desertman]

thanks for the useful information. I read the guide, in-laws comes under the direct family member so we only need to prove that they belong to the same family house before coming to UK. And they are and they will be financially dependent on EU citizen.

Other option I have is to apply through my brother (British citizen) by using the Surinder Singh Route, if he moves to another EU country..

Any suggestion which one is the strong case
1: Switch their visit visa to EEA2 FM while they are here in UK through my wife.
2: My brother (British) who have sponsored them for UK visit visa, he move to Ireland and call my parents there and follow the SS route for UK visa.

please suggest.

[el patron]

Option 1 would be the way to go. You may want to look at the 'Pedro and Secretary of state for work and pensions' case, which will give you some hope. Dependence or membership of household before coming to UK is not a prerequisite.