EEA settlement scheme for Non EEA Parents

[namani]

Hi all,

My wife is an Irish national and I am a Non EU citizen holding Pre settled EU spouse visa (living in UK since 2016). Our children are Irish. I would like to bring My parents ( from Non EEA country) to UK permanently on EEA settlement scheme.
We both are well settled in professional job with good finances and own a property.
1. is it possible for my wife to sponsor my parents under EEA settlement scheme permanently ?

2.What is the definition for Dependent parents?
my parents are > 65 years, with medical problems of following: Breast Cancer on hormone treatment after operation, blood pressure , diabetic and heart diseases (stents). I am supporting them financially every month via money transfer since 2011.

I am worried; what if EEA settlement visa get refused? should this cause problems to apply for visit visa in future ?

Any advice please.

Many thanks

[ssarang]

It seems straightforward to bring parents (including in-laws) via EU Settlement Scheme Family Permit (EUSS FP). I know of families (of non-EU spouse calling non-EU parents from a non-EU country) who have already done this successfully. I myself will be applying for my father/mother in-law after COVID-19 lockdown have been eased and its Business-As-Usual.

I don't see why your parents would be refused via EUSS FP as your background already seems strong. I doubt Home Office have any real-time capability to link one type of visa application to other applications. Even if they did, a Standard Visitor Visa or Family Visa has very different rules/criteria for acceptance and gives the holder very limited rights i.e. to only visit (as opposed to an EUSS FP - which could allow the person to settle indefinitely).

I'd suggest to not worry too much, go for it while this opportunity is still there... its free and does not cost anything, so no harm in trying... and if it works, your parents will have a lot to gain. Good Luck!

[ssarang]

1. is it possible for my wife to sponsor my parents under EEA settlement scheme permanently ?
The short answer is yes.

As per EUSS FP application:
Qualifying as a ‘close’ family member
You must be the EEA citizen’s spouse (i.e. YOU) or civil partner, or related to them (or to their spouse (i.e. YOU AGAIN ) or civil partner) as their:
child or grandchild under 21 years old, or dependent child or grandchild of any age
dependent parent (i.e. YOUR PARENTS ) or grandparent

2.What is the definition for Dependent parents?

dependent parent the direct relative in the ascending line of a relevant EEA citizen or of their spouse or civil partner

in addition:
(a) ‘direct relative in the ascending line’ includes:
(i) a grandparent or great-grandparent; and
(ii) an adoptive parent of an adopted child; and
(b) ‘spouse or civil partner’ means (as the case may be) the person described in sub-paragraph (a) of the entry for ‘family member of a relevant EEA citizen’ in this table; and
(c) the dependence of the direct relative in the ascending line on the relevant EEA citizen (where the relevant EEA citizen is not a person under the age of 18 years), or on their spouse or civil partner, is assumed

^From gov uk > guidance > immigration-rules > appendix-eu-family-permit

[iwolga]

I doubt Home Office have any real-time capability to link one type of visa application to other applications. Even if they did, a Standard Visitor Visa or Family Visa has very different rules/criteria for acceptance and gives the holder very limited rights i.e. to only visit (as opposed to an EU Settlement Scheme FP - which could allow the person to settle indefinitely).

This is wrong! Prior visas' refusals will need to be disclosed on any further applications to HO. Once someone makes a statement to HO that he\she would like to settle in UK, there's hardly a road back. It is nearly impossible to convince HO later that the idea to settle has now been withdrawn and replaced by pure visiting purpose.

There are multiple topics on this forum alone of people who failed settlement application and who are now struggling to have visits visas.

[Zerubbabel]

It seems straightforward to bring parents (including in-laws) via EU Settlement Scheme Family Permit (EU Settlement Scheme FP)

There is no immigration application that can be qualified as straightforward . With this attitude, you just set yourself in a situation where you discover the complexity of immigration the hard way (= when it's too late to set the clock back and do differently).

Also, once you apply and fail an immigration attempt to the UK, you won't get visitor visas in the foreseeable future. I have seen refusals more than 10 years after a failed attempt.