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family permit for dependants on the ascending line.

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UK_BR5
Junior Member
Posts: 51
Joined: Wed Nov 26, 2008 5:44 pm

family permit for dependants on the ascending line.

Post by UK_BR5 » Wed Apr 01, 2009 5:26 pm

Dear All,

as i understand , an EU citizen's father-in-law is a "dependent in the ascending line" and has the right to be issued family permit if he wishes to visit his family in the UK (son + daughter-in-law) as long as financial dependency can be established.

is this right or wrong ?

my wife has her registration certificate as an EU citizen exercising a treaty right,i have a 5 years residence permit and my father is fully dependent on us on his finances, no other sources of income , no properties and is divorced.

my father went today to worldbridge to apply for a family permit on form VAF5,unfortunately,worldbridge refused to receive his application and told us that he can only apply as a visitor on a regular visitor visa citing that the only reason he can apply for a family permit is if he wishes to settle with us in the UK and not just for a visit. is this true ?

appreciating your help

Ben
Diamond Member
Posts: 2685
Joined: Thu Jul 05, 2007 4:33 pm
Location: Elsewhere
Contact:

Re: family permit for dependants on the ascending line.

Post by Ben » Wed Apr 01, 2009 7:06 pm

UK_BR5 wrote:Dear All,

as i understand , an EU citizen's father-in-law is a "dependent in the ascending line" and has the right to be issued family permit if he wishes to visit his family in the UK (son + daughter-in-law) as long as financial dependency can be established.

is this right or wrong ?
Wrong.

The parent of the spouse of an EU citizen is only a person described in Article 2(2) of the Directive, if he is dependent. The relationship, itself, is not dependency.
UK_BR5 wrote:my wife has her registration certificate as an EU citizen exercising a treaty right,i have a 5 years residence permit and my father is fully dependent on us on his finances, no other sources of income , no properties and is divorced.
In this case, yes - your father is a person described in Article 2(2) and so has the right to reside.
UK_BR5 wrote:my father went today to worldbridge to apply for a family permit on form VAF5,unfortunately,worldbridge refused to receive his application and told us that he can only apply as a visitor on a regular visitor visa citing that the only reason he can apply for a family permit is if he wishes to settle with us in the UK and not just for a visit. is this true ?

appreciating your help
This is incorrect - Worldbridge are wrong.
Directive 2004/38/EC, Article 6 wrote:Right of residence for up to three months
1. Union citizens shall have the right of residence on the territory of another Member State for a
period of up to three months without any conditions or any formalities other than the requirement to
hold a valid identity card or passport.
2. The provisions of paragraph 1 shall also apply to family members in possession of a valid
passport who are not nationals of a Member State, accompanying or joining the Union citizen.
As your father as a person with a right to reside in the UK, in accordance with the provisions of Directive 2004/38/EC, then he has a right to enter.
Directive 2004/38/EC, Article 5(2) wrote:2. Family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
law. For the purposes of this Directive, possession of the valid residence card referred to in
Article 10 shall exempt such family members from the visa requirement.
Member States shall grant such persons every facility to obtain the necessary visas. Such visas
shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.
The UK calls the visa, described above in bold, the EEA Family Permit. This is what your father should be applying for, and what Worldbridge must issue.

UK_BR5
Junior Member
Posts: 51
Joined: Wed Nov 26, 2008 5:44 pm

Post by UK_BR5 » Thu Apr 02, 2009 2:22 am

many thanks for your reply , i sent a complain to both the British embassy and the worldbridge website about this and will post the outcome once i get a reply.

Ben
Diamond Member
Posts: 2685
Joined: Thu Jul 05, 2007 4:33 pm
Location: Elsewhere
Contact:

Post by Ben » Thu Apr 02, 2009 9:03 am

UK_BR5 wrote:..will post the outcome once i get a reply.
Please do. :)

Patience
Junior Member
Posts: 73
Joined: Sun Apr 30, 2006 11:58 pm

Post by Patience » Sun Apr 05, 2009 11:24 am

benifa wrote:
UK_BR5 wrote:..will post the outcome once i get a reply.
Please do. :)
Please do.Will be interesting to get their response.

I am certain the Worldbridge staff in question has no clue about what they are saying.

AncientAlien
Member
Posts: 134
Joined: Sun Dec 21, 2008 6:30 pm
Location: Planet Earth

Re: family permit for dependants on the ascending line.

Post by AncientAlien » Sun Apr 05, 2009 11:42 am

UK_BR5 wrote:Dear All,

as i understand , an EU citizen's father-in-law is a "dependent in the ascending line" and has the right to be issued family permit if he wishes to visit his family in the UK (son + daughter-in-law) as long as financial dependency can be established.

is this right or wrong ?

my wife has her registration certificate as an EU citizen exercising a treaty right,i have a 5 years residence permit and my father is fully dependent on us on his finances, no other sources of income , no properties and is divorced.

my father went today to worldbridge to apply for a family permit on form VAF5,unfortunately,worldbridge refused to receive his application and told us that he can only apply as a visitor on a regular visitor visa citing that the only reason he can apply for a family permit is if he wishes to settle with us in the UK and not just for a visit. is this true ?

appreciating your help
Hi Good people

I know some us us are struggling with finances and some can't even get a job until they get a decision with their passports from the HO. Therefore, it is EXPENSIVE calling those 0870/0845xxxxxxxxx numbers that the Home office generally provides.
Don't give up, now you can call Home Office for free, just check out www.saynoto0870.com and you will be provided with a local 0208/0151/0161xxxxxx number where you can contact HO for FREE! The actual number is 01516725626. (But log on to www.saynoto0870.com and confirm for yourself)
Especially if you have a pay monthly home or mobile telephone contract. You can still call from a pay as you go mobile but the charge rate will be like you are calling your neighbour next door on any 0208xxxxxxxx number.
Good luck Razz
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy.”-Lord Denning

UK_BR5
Junior Member
Posts: 51
Joined: Wed Nov 26, 2008 5:44 pm

Post by UK_BR5 » Sun Apr 05, 2009 2:09 pm

Patience wrote:
benifa wrote:
UK_BR5 wrote:..will post the outcome once i get a reply.
Please do. :)
Please do.Will be interesting to get their response.

I am certain the Worldbridge staff in question has no clue about what they are saying.
i sent a complain to both the british embassy "visa section" and worldbridge, the reply of worldbridge came today , they said :

Sir,
Kindly note that if your father in law was applying for just a visit & coming back so he should be treated as a fmily visit visa not as an EEA family as long as he isn't gonna live over there


as you said , they seem to have no clue, i even copied and pasted their reply with its horrendous spelling and structural mistakes, anyway, i am waiting for a proper answer from the British embassy before escalating the matter further if i received another nonsense reply.

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