EEA2 for parents in law

[sasa2010]

Hi guys:

I am an EEA nationals with PR and I am going to apply EEA2 for my parents in law, who are not EEA national themselves. It will be really great if I can get some advice before making the application:

1. My parents in law are currently on a visitors' visa, which expires in Jan 2011, if their EEA2 application is not successful, will it effect their EU family permit next time? (for over stay and immigration purpose)

2. How do I prove that they are living with us now? ( they are on a 6 months visa, therefore, they dont have any letters to our address)

3. The reason I want them to stay, is because of child care, should I mention it on the application form?

Thanks for your help!!

[86ti]

Are they dependend on you? See also Chapter 5.2 of the ECIS.

[sasa2010]

Are they dependend on you? See also Chapter 5.2 of the ECIS.

Thanks for your reply.

financially? yes. and I have bank statements to show that I send them money regularly, over 2 years time.

[86ti]

Then you may be fine. You do not have to give a reason as to why you want them to stay. You do not have to show that they are living with you at the moment. Have a look at the guidance notes on this UKBA page.

[sasa2010]

Then you may be fine. You do not have to give a reason as to why you want them to stay. You do not have to show that they are living with you at the moment. Have a look at the guidance notes on this UKBA page.

Thanks for ur reply!

my other concern is that, if the application was not successful, will it effect their EEA family permit application next time? for the over stay and immigration reason?

[86ti]

For an EEA FP you would need to submit the same documentary evidence... Your parents will not overstay while the application is pending. Also, the UK systems is 'peculiar' in the sense that direct family members do not have to apply for a residence card in the first place.

[mcovet]

Did they come on an EEA FP? If so, this would only have been issued if they are dependent on you, thus, if issued you can apply for EEA Residence Cards for them now and send exactly the same docs as when applying for FP in their home country!
If they weren't dependent on you, they'd need to have applied for regular tourist visas. Now, to get those, you'd have had to show the ECO the available finances to them, their accommodation etc. what did you say about who is paying for their trip?

Then you may be fine. You do not have to give a reason as to why you want them to stay. You do not have to show that they are living with you at the moment. Have a look at the guidance notes on this UKBA page.

Thanks for ur reply!

my other concern is that, if the application was not successful, will it effect their EEA family permit application next time? for the over stay and immigration reason?

[sasa2010]

I didn't even know that they could apply for the EEA FP, so they came here with a normal tourist visa, and I paid for their trip.

they are living with us and I am paying for the rent and food... but since they don't have any letter to my address (cos they are tourists), how can I prove that they live with us? The only thing I have is my marriage certificate, to prove my relationship to them (it has their names on)

I am not sure if it is hard to apply EEA2 for parents in law, I really need them to stay here to take care of my child....otherwise, I have to send him to the expensive nursery.

Did they come on an EEA FP? If so, this would only have been issued if they are dependent on you, thus, if issued you can apply for EEA Residence Cards for them now and send exactly the same docs as when applying for FP in their home country!
If they weren't dependent on you, they'd need to have applied for regular tourist visas. Now, to get those, you'd have had to show the ECO the available finances to them, their accommodation etc. what did you say about who is paying for their trip?

Then you may be fine. You do not have to give a reason as to why you want them to stay. You do not have to show that they are living with you at the moment. Have a look at the guidance notes on this UKBA page.

Thanks for ur reply!

my other concern is that, if the application was not successful, will it effect their EEA family permit application next time? for the over stay and immigration reason?

[86ti]

If they are truly dependent on you they will still be legal beyond the expiry data of the visit visa. I think the CoA should state for all direct family members that they are legal as long the application is pending. Address proofs usually through utility bills, council tax bills or bank accounts. But what gave you the idea that you have to proof their presence in the UK? Anyway, there is the visa stamp without an exit stamp thus far and they probably have filled out a landing card...

[sasa2010]

Hi 86ti:

thanks for all ur replies:)

I called home office before and one of their officers told me that I need to provide letters with their names on, to my address to prove that we live together, and also things to show that they are financially depend on me.

I mean I have bank statements as a proof of my income, but do I have to send my grocery receipts to home office to show that I am buying food for four people:)) joking...

I am going to send the application form anyway, just to have a try. Luckily I was told that even if their application was not successful, it wont effect their EEA family permit next time.

Will keep it updated!

If they are truly dependent on you they will still be legal beyond the expiry data of the visit visa. I think the CoA should state for all direct family members that they are legal as long the application is pending. Address proofs usually through utility bills, council tax bills or bank accounts. But what gave you the idea that you have to proof their presence in the UK? Anyway, there is the visa stamp without an exit stamp thus far and they probably have filled out a landing card...

[mcovet]

I know of a case for sure, parents came on tourist visas, stayed in the UK and successfully applied for RC! while the application is pending, simply try and obtain some proof of address, i.e. add them on council tax, phone bill, gas bill, ANYTH. even though not strictly necessary. A covering letter would suffice plus the fact you were paying for their tourist visas and sponsoring their stay could indicate they are not quite millionaires.

Definitely apply for a Residence Card on form EEA2 and you should be fine, as by the time it's processed, the parents would have lived with you even longer and become more dependent on you, without working etc, the circumstances would have changed even more in your favour. Good Luck

Hi 86ti:

thanks for all ur replies:)

I called home office before and one of their officers told me that I need to provide letters with their names on, to my address to prove that we live together, and also things to show that they are financially depend on me.

I mean I have bank statements as a proof of my income, but do I have to send my grocery receipts to home office to show that I am buying food for four people:)) joking...

I am going to send the application form anyway, just to have a try. Luckily I was told that even if their application was not successful, it wont effect their EEA family permit next time.

Will keep it updated!

If they are truly dependent on you they will still be legal beyond the expiry data of the visit visa. I think the CoA should state for all direct family members that they are legal as long the application is pending. Address proofs usually through utility bills, council tax bills or bank accounts. But what gave you the idea that you have to proof their presence in the UK? Anyway, there is the visa stamp without an exit stamp thus far and they probably have filled out a landing card...