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Daughter of EU Member

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

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Us3
Newly Registered
Posts: 1
Joined: Sat Feb 01, 2020 10:21 am
Italy

Daughter of EU Member

Post by Us3 » Sat Feb 01, 2020 10:32 am

Good Morning

My wife is a daughter of EU member who is working in UK and has Pre-Settled Status.
Question is.
Can she apply for a visa as direct family member of EU Citizen when she is not a minor, pass it to me as her husband and our son?

or with Brexit it is not allowed any more?
Thanks

Richard W
- thin ice -
Posts: 1947
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Daughter of EU Member

Post by Richard W » Sat Feb 01, 2020 5:37 pm

Merely by relatedness, your wife and your son are "family members" of her father if and only if they are under the age of 21.

If your wife is over 21, she could only qualify if she depends on him rather than you. I'm not sure whether you could qualify as a dependent of your father-in-law.

The implementation of directive 2004/38/EC shall continue until 31 December 2020.

secret.simon
Moderator
Posts: 11101
Joined: Thu Feb 21, 2013 9:29 pm

Re: Daughter of EU Member

Post by secret.simon » Sat Feb 01, 2020 8:45 pm

Us3 wrote:
Sat Feb 01, 2020 10:32 am
pass it to me as her husband and our son
No, she can't pass it on to her husband and her son.

If you plan to go down the EEA route, you would have to prove that your wife, your son and you are all dependent on your EEA citizen father-in-law.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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