EEA requirements for non-EEA mother

[Daseca]

Hi

I have a fairly good inkling the answer to this will be negative, but I thought I'd just run this by the forum.

My sister and I are dual EEA / NZ citizens. I moved to the UK in 2013 and my sister 2014. Our mother only holds NZ citizenship. She is 61 and widowed. She is employed full time in NZ and healthy. Ironically her late husband was a British citizen but she never obtained FLR (M).

Immediately prior to moving to the UK my sister lived independently of my mother for approx a year. Before that she had lived with my mother her whole life. I moved out in 2011.

I don't think you could describe my mother as dependent on either of us, or we dependent on her (at least in recent years anyway). If in the UK my mother would likely seek work.

Is there any prospect of success at all under EEA regs?

[secret.simon]

Ironically her late husband was a British citizen but she never obtained FLR (M).

Are you also British citizens?

If you also have British citizenship, you are treated as solely British for the purposes of the EEA Regulations and must apply under the UK Immigration Rules.

Does your mother have any British born grandparents? If she has documentary proof (clear chain of birth and marriage certificates), she can come to the UK on an Ancestry visa.

For EEA Applications for your mother, you will have to prove a period of dependency (her dependency on you or your sister).

[Daseca]

No we're not British citizens (the husband in question was her second, not our father).

No, unfortunately it seems all her grandparents were born in NZ.

Right - I think we will struggle to prove a period of dependency of her on us, it has generally been the other way round!

As she is a visa-free national, I assume there would still be no prospect of success applying for a RC if she effectively moved to the UK and began living with us, relying on us for accommodation/support etc?

[noajthan]

No we're not British citizens (the husband in question was her second, not our father).

No, unfortunately it seems all her grandparents were born in NZ.

Right - I think we will struggle to prove a period of dependency of her on us, it has generally been the other way round!

As she is a visa-free national, I assume there would still be no prospect of success applying for a RC if she effectively moved to the UK and began living with us, relying on us for accommodation/support etc?

This is your problem area:

I think we will struggle to prove a period of dependency of her on us, it has generally been the other way round

If mom was an EEA national then case law of Pedro would back her up and could be invoked if she was in UK and suddently, as a 'matter of fact' (not 'of history'), she became dependent on you.

However, if (as) mom is non-EEA then prior dependency appears to be required (a la case law of Reyes, Jia & etc).
It seems to me a RC application is likely to fail in your case.