EEA Family Permit - Dependant Mother

[Legin14]

Thank you to the administrators and contributors of this site, it is proving invaluable.

I am an EEA national (German passport), South African born and have been resident in the UK since 2011. My dad passed away at the end of 2006, obviously leaving my mother a widow. 4 years ago my mother met another man, they dated for a year, after which she moved in with him, was dependant on him, but that relationship ended last month. It eventually became apparent he had no intention to marry my mother. I flew back to South Africa last month to help her move out, she is now living temporarily with her sister and brother in law – this is not a long term solution for any of them. She has some savings but in the next couple of months will be almost fully dependant on me & my partner. She is 69 years old.

One reason I felt comfortable leaving for the UK was that my mother was getting settled and being 'taken care of.' The only family she has in South Africa is her sister, who lives 600kms away.

She never acquired German citizenship as while her and my father were married for 35 years they never physically lived in Germany.

With regards my circumstances, I moved to the UK with my partner who has a Tier 2 migrant worker visa. He is a professional mining engineer. Our thinking was always that one of us would be employed, the other would start and build a business, given that it is difficult to 'get ahead' on a salaries. Our finances are healthy and totally intertwined although we do not have any joint accounts or formal arrangement. We have been together for 7 years. While it has taken some time I finally have a business plan that shows excellent promise. I have just registered the business with HMRC and am near my first trading day.

With the things having changed, I started to investigate whether I could apply for an EEA family permit for her. My first call was to an immigration lawyer who told me she needed to be living 'under my roof for at least 1 year prior to the application.' I had not read this anywhere, not on the UKBA website nor any forums and it seems crazy given that it does not cater for changing circumstances, we are here and she is there so obviously that it impossible to comply with.

1. Is this information correct?
2. If what I have been told is not correct, should I find an alternative lawyer or attempt this process alone?
3. If the 1 year requirement is correct, given the changed circumstances is it worth applying and explaining in detail what has happened, hoping for a favourable outcome?
4. I was alarmed to hear that if the FP or ancestral visa application was turned down she would likely never be issued another tourist visa to for the Schengen area or the UK for fear she would not leave, obviously a major concern as she visits every other year – is that correct?

One more thing. It seems she would be entitled to a apply for an ancestral visa to the UK as her grandparents were born in Blackpool. The same lawyer I chatted to said that given her age she would be declined as she would struggle to prove she was coming here to work, be self supporting and not a burden on the state. I had a conversation once with a friend who said a bond of $60 000AUS had to be paid for his mother to be granted residence in Australia – might that be an option here? With regards to her working, she has been making a contribution in one area of my new business and this would certainly contrinue, would certainly be helpful in one area of my new business so she would have meaningful employment. That is not some glib comment but can be easily proven.

Thanks in advance,

[el patron]

1. Living under the same roof for one year is certainly not a requirement.

4. Is not correct, though always better to appeal and ask for a review of any refusal then there is less to explain on further applications as the refusal may be overturned.

If you can show that she is mainly dependant upon you with respect to her essential needs in South Africa, she will qualify as a direct family member without her having to have lived in your household.

Good luck

[Legin14]

Thanks for your help, much appreciated. Can anyone assist me in how I go about contacting a moderator, I am unable to send messages?