Eea misinterpretation by Ukba

[Doublestarxx]

Hi all,
I submitted eea2 application for my mom and after 2 weeks my mom received COA WITH NO RIGHT TO WORK. I contacted Ukba as my mom was applying as a dependant on me and my wife (eea national). We provided my wife's eea passport, proof of excercising treaty right, marriage cert and my birth certificate proving that my mom is my mother( which make her a direct family mother in ascending line, parents and grandparents). Also provided proof of dependency, money remittance for over a year from my wife and me as she does not work. As the COA had no rigt to work I emailed them pointing them to the relevant eea regulations and today I got a reply from one of d bosses Daren

After taking advice from our technical staff, they confirm - if your son was applying at the same time as yourself, you would be treated as a ‘direct family member’ through your son’s application, but as you are applying as a single applicant you are treated as a ‘direct family member’ of the EEA national but as the Mother-in-Law you are an ‘extended family member’, and therefore the ‘short COA’ was correct.

Regards
Darren

I already obtained my eea residency 3yrs ago. So why should my mom apply the same time as me to be treated as direct family member

I have emailed them again to explain to me how the tech staff got his own interpretation of d eea reg. as the word mother inlaw seems to confuse them now they treat my mom as extended family member.

Plz dear board what it's your opinion on this issue

[sheraz7]

http://www.immigrationboards.com/viewto ... ht=#876683

[wiggsy]

http://www.immigrationboards.com/viewto ... ht=#876683

BEAR THIS IN MIND: This is one of the reasons UKBA state my kids are not dependant on my wife - as "she" fought to get the right to work, the kids clearly arent fully dependant on her - as she would be working...

- if your mom works. then she will earn money, therefore financial dependance will be removed. this is something you should ALWAYS be aware of... - as tough as this might be - it might be wise to let sleeping dogs lie on this matter...

[Doublestarxx]

Thanks wigssy, the point is not about my mom working but am just concerned they are misinterpreting the eea regs. Bear in mind that dependant parents irrespective of whether they are working and make money but as long as they are dependant on you to meet their essential needs, dependency suffices.
I am not planning on my mom working but am just saying that by the letter of the eea regs law, mother in law cannot be regarded as extended but as a direct family member as long as the conditions are met.

[wiggsy]

Thanks wigssy, the point is not about my mom working but am just concerned they are misinterpreting the eea regs. Bear in mind that dependant parents irrespective of whether they are working and make money but as long as they are dependant on you to meet their essential needs, dependency suffices.
I am not planning on my mom working but am just saying that by the letter of the eea regs law, mother in law cannot be regarded as extended but as a direct family member as long as the conditions are met.

But there letter doesn't state "You cannot work"... it simply states "We are unable to confirm your elegibility to undertake employment" they don't state that your not allowed to work.

Any enquiry to the employer checking service will yield the same result - not a refusal, just an inability to confirm yes or no...

It may be worthwhile heading on down to the DWP to get a NINo for your mother. and then follow up when they refuse - but just be sure that anything you do in regards to this could well (whether or not legal) have a negative impact...

[Doublestarxx]

Just an update; I got a reply from marje Clarke after her holiday, apologising and told me she has passed my query to the relevant department on Wednesday. Surprisingly today Royal Mail knocked and delivered my moms documents with her residency on it. It took exactly 26days to issue it. Coincidentally it was issued on the same wednesday. Kudos home office.

[nachfee]

Hello! Did she get the permit with right to work?

[Doublestarxx]

Yes she did

[nachfee]

Do you think that email you send helped you on your application?
How long did it take for her to get her visa back?
Many thanks for your response. Very helpful!

[Doublestarxx]

It took 1 month from time of application. Yes the email helped.

[Zoopla22]

Hi which email adress did you send email please as I am same situation I applied my mother and father RC as a direct family member and they are treating my parents case as a extented family member.