EEA family permit for mother

[singh12]

HI all,
I am EEA residence card holder, my wife is EEA citizen exercising treaty rights in uk. I want to bring my mother here as she is on her own in India and my father has passed away last year. she is 60 years old. She has no source of income. I support her financially since years. Can you tell me please will it be easy application or difficult, also she got some health issue nothing serious, do we need to mention that as well? will it be the same form we need to use as the spouse use? also she living in her own house, is it alright or it will make the application difficult? Thank you very much in advance.

[noajthan]

HI all,
I am EEA residence card holder, my wife is EEA citizen exercising treaty rights in uk. I want to bring my mother here as she is on her own in India and my father has passed away last year. she is 60 years old. She has no source of income. I support her financially since years. Can you tell me please will it be easy application or difficult, also she got some health issue nothing serious, do we need to mention that as well? will it be the same form we need to use as the spouse use? also she living in her own house, is it alright or it will make the application difficult? Thank you very much in advance.

You need to demonstrate your parent's dependency on EEA sponsor.

Start here:
https://www.gov.uk/family-permit/overview

See also:
https://www.gov.uk/government/publicati ... rmit-eun02

[Obie]

For dependent family member is the Ascending line of the Non-EEA spouse, there is no need to demonstrate dependency on the EEA national per sa. It could be on Non EEA, unlike in the case of an Extended Family Member.

[noajthan]

Similar case, may be of interest:
http://www.immigrationboards.com/eea-ro ... 06039.html

[singh12]

Thank you very much Obie and Noajthan. I had discussed with immigration layer and he argued with me over dependency need to be on EEA national not on EEA national's spouse. Also can you please tell me as she living in her own house, is that going to make any effect on application? she does not work and does not claim pension. I highly appreciate your advice.

[Obie]

I don't agree.

In the case of Direct family member, dependency can be on EEA national or spouse of an EEA national.

[singh12]

hI Obie/ and other experts,

my mother visa has been rejected, the reasons provided:

you did not provide the birth certificate or DNA test, i do not believe you are the family member of EEA national. ( we have provied that, i dont know why they saying we did not). -

only those family member refered under article 2 of directive 2004/38/EC have an automatic right to join EEA antional. - articel 3 of directive 2004/38/EC provides that basis for a member state to consider other relative such as extended family member determine the terms of entry for such beneficiries in accordance with their own domestic legislation article 3 (2)

- the uk has tranposed the terms of articel 3 into regulation 8 of the immigration EEAregulation 2006 as regulation 8(4) makes clear that UK is allowed to set terma when it will accept Extended family members and allow them to reside in uk as a familt member of EEA national. -

you provided evicdence of money being tranferred to you by sponsor i am not satisfied dependancy is necessity rather than choice.

Can you please advise me with this. why they are saying my mother is Extended family member, isn't it direct family member? also she doesnt work no pension nothing and only we sending her money, how come they saying they are not satisfied she is dependent.

Should i reapply or appeal, appeal takes over an year and my mother really finding it hard to live on her own.

thank you

[Obie]

It is open to you to explore both options. There is no guarantee they will overturn it. Therefore appeal may be your best shot.

[singh12]

Hi Obie can you please tell me why they saying it is extended family member.

[ecogle1976]

Hello Singh,

The main reason for the refusal may insufficient documents submitted, ex. Birth certificate. I think rest of the things are fine as per your words. Make a fresh application as its free of cost, did she took TB testing? what you have said in application - how long applicant intend to stay. I had same problem but initially we got our FP and residence permit, when I applied for the biometric card they have refused, my mom in India, preparing to apply for fresh FP. We cant stop some happening, dont loose your hope, prepare the documents and re apply again.

[ecogle1976]

Hello Singh,

The main reason for the refusal may insufficient documents submitted, ex. Birth certificate. I think rest of the things are fine as per your words. Make a fresh application as its free of cost, did she took TB testing? what you have said in application - how long applicant intend to stay. I had same problem but initially we got our FP and residence permit, when I applied for the biometric card they have refused, my mom in India, preparing to apply for fresh FP. We cant stop some happening, dont loose your hope, prepare the documents and re apply again.

[singh12]

Thank you very much for your reply. I have submitted DNA test and they still saying that we did not provide birth certificate OR DNA test. Also, my question is why they are saying this is extended family member when in the article Directive 2004/38/EC says dependent parents of EEA national or non EEa spouse are DIRECT family member. then why they saying EXTENDED.

[singh12]

Thank you very much for your reply. I have submitted DNA test and they still saying that we did not provide birth certificate OR DNA test. Also, my question is why they are saying this is extended family member when in the article Directive 2004/38/EC says dependent parents of EEA national or non EEa spouse are DIRECT family member. then why they saying EXTENDED.

[Obie]

If they think a person does not meet the requirements as family members, they have an obligation to consider their position under extended family member provision.

[singh12]

Thank you so much Obie, i really appreciate your help. just one more thing I want to ask is, how we going to prove my mother is wholly financially dependent on us ? as we already provided evidence of money being sent and she provided utility bills and they still saying they don’t believe the money we send she uses it. I mean she don’t have any source of income other than us sending money.

[singh12]

Thanks for your help Obie and other members. can you please advise me on should I ask Tribunal that we want to consider paper appeal as that will be much faster than oral hearing ? I have already submitted the appeal and chose oral hearing but I have been hearing from people that paper appeal takes a lot less time than oral hearing. Also I have got the birth certificate now, it was only because of birth certificate they were refusing the application. please advise.

[prag99]

Hi,

What documents did you submit for your mother's permit.
Is she living with you in EEA country before? Or only in India?

If you have submitted your DNA test, are they still asking birth certificate?

[SFS2016]

Hi,

What documents did you submit for your mother's permit.
Is she living with you in EEA country before? Or only in India?

If you have submitted your DNA test, are they still asking birth certificate?

Hi Prag99
I need your advice, I am planning to apply for my mother in law, I m dutch and living, working in UK since 2005. I have permanent residence. My mother in law is non eea.
She lives in house which is owned by my husband.
She is getting pension equal to 100 pounds per month.
We are supporting her for about 400 pounds every month.
We have our marriage certificate and Family registration certificate which shows she is mother of my husband.
My father in law passed away in sept 2016. Since then she is depending on us.
Can you please guide us what documents we will need.
Your help will be appreciated.