EEA National sponsoring non-EEA mother in law

[sundee]

Hi All,

Could you please help me with my situation?

I am a non-EU national married to an EEA national and was issued a Resident Permit on Dec 2013. I have been living in UK for 10 years now. I want to bring my mom (non-EEA national) from Nepal on the basis of my husband's EEA family permit. My questions are:

1. What are the chances of her getting the EEA family permit if my husband an EEA national sponsors?

2. I have been sending money to my mom via online money transfers and bank deposits for all of these 10 years. Can me sending money be considered a financial dependency of my mom on EEA national i.e. my husband?

3. My brother recently (Oct 2017) applied for a student visa to UK which was refused (I wasn't aware of the extended family member route). Will this impact my mom's application?
I ask this mainly because my mom and myself were the sponsors for my brother's studies and I am wondering if Home Office will take this against my mom's application i.e. telling that my mother is not financially dependent on me.
I have read the Lim case and my understanding is that the dependency could be argued to follow from a choice not to be independent.
Therefore if my mother were to stop working now, will she have a stronger case? Is there a minimum length of time for which I have to show that I have supported her financially?

Thanks

Sun

[Obie]

There is a difference between a person not using their fixed deposit, as she want to live it for their children, a state of affair that had happened for several years before the application, and a person stopping work in order to benefit from the regulations.

Mrs Lim did not do what she did to be able to benefit from EU law, she had been doing it for a long time as she wanted to live something for her descendant. The Upper Tribunal found she had not created an artificial state of affair in order to benefit from community law.

There a bit of caution ought to be applied in seeking to adopt these cases without an appreciation of the context.

[sundee]

Hi Obie,

Many thanks for your reply.
Perhaps my way of writing sounded as if we were trying to create an artificial state of affairs and this is not true. My parents are separated. My siblings a brother and sister (sister recently went to Australia for studies) and my mother are all dependent on me mainly. My mother will be leaving her work soon because of her health reasons and I wish to spend time with my mother therefore I wanted to apply for her EEA family permit.
I fear that our application will sound exactly like what you had mentioned in your comment. Therefore to make a good case, what are the documents that I can present? Should we wait few months after her leaving the work to apply for EEA? With the BREXIT and its uncertainity, I want to apply sooner rather than later and I understand this makes its susceptible to HO's probe and questioning of genuineness of the situation.

Thanks for taking time to help me.