Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
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stonecold
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by stonecold » Mon Nov 03, 2014 3:25 pm
Hi guys, i m new here and apologise as i understsnd that this question has been asked many times. But i need an urgent advice as my mother need to submit EEA family premit application this week and i dont want to make any mistske that result delay or refusal of FP.
I am british national and my wife is eea and we have been married for the last eight years. My wife is Lithuanian and have obtained EEA Permanent Residence card and she has been also working without break for the last seven years and exerciseing treaty rights. we r living in uk and have mortgaged house on joint name. My mother is in Pakistan and fully depandent on me. I ve been sending regular money for the last five years to pay all her bills and food etc. she is living alone as my father has died 20 years ago and nobody there to help her as my brother and sisters are busy on their own life and do not financislly support her. Now she has been suffering from joints pain for the last 2 years and now the condition is critical that she cannot go out to buy any food or collect my remittance from the bank. The flat in Pakistan is not on her name and the situation is that she cannot do anything due to joints pain. My friend in Pakistan is helping little bit to bring food and necessary stuff from the market and my last remittance but, that help cannot be possible for continues basis.
I am going to ask my friend in Pakistan to help my mother for her Family permit application. I only have the following evidence:
-Regular MONTHLY remittance on my mothers name.
-death certificate of my father.
-My birth certificate (i believe my mother ve).
-Our mortgaged 2 beroom (3 habitable rooms) house documents
-My and my EEA WIFE bank statement and job documents stating income.
1) My concern is that my other brother is in Dubai but he is job less and struggling for her own financial matters and refused to help our mother. My other maried sisters living at the same country but they do not support my mother at all as they are housewives and due to family matters, she cannot live with them. How can i proof it? Do i need to mention the whole situation on the covering letter or just fill the PR form and submit the above evidence.
She really needs my support now as no body their to help to help her buy food or bring the money from bank which i send to her. pls help me for what else evidence should i submit to support?
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Lucapooka
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by Lucapooka » Mon Nov 03, 2014 3:48 pm
From the little information your have provided, I am trying to guess why you think this will work - because it won't. If you are a British nation living in the UK, I can't see how your family members can apply under EU rules (Singh). Perhaps in the past, with your wife, you had been exercising economic treaty rights in another EEA country, and at that time were elibile, but that does not seem to be the case now. Otherwise, from a different perspective, perhaps you are expecting your wife to be your mother's sponsor under EU rules, but that is not allowed because, as a Brit, you are not the dependant non-EEA partner of an EEA national living in the UK.
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stonecold
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by stonecold » Mon Nov 03, 2014 4:35 pm
Thank Lucapooka for your swift reply!
My EEA wife exercise her treaty right in UK and obtained her PR in UK.
Just wondering as I cannot find any rules (below) that sugest I cannot apply for FP because of my depandency on my EEA wife. My EEA wife still have EEA passport and I am her family member
EUN2.1 What is an EEA family permit?An EEA family permit is a document that we issue to make it easier for non-EEA family members of EEA nationals to travel with their EEA national or to join them in the UK. EEA family permits are issued under the Immigration (European Economic Area) Regulations 2006 and not the Immigration Rules. The permit is issued ahead of a person’s travel to the UK and is valid for six months and is free of charge
EUN2.4 What are the requirements for issuing an EEA family permit?In assessing an application from an EEA national’s direct family member, the entry clearance officer(ECO) should be satisfied that:
1.the applicant is the family member of the EEA national (marriage certificate, birth certificate or other evidence of family link)
2.the EEA national is residing in the UK in accordance with the EEA Regulations (as qualified person (exercising treaty rights) if more than 3 months) and the non-EEA national is joining them; or the EEA national intends to travel to the UK within 6 months and will have a right to reside under the Regulations on arrival, and the non-EEA national will be accompanying or joining the EEA national; and
3.if applying as a spouse or civil partner, there are no grounds to consider that the marriage or civil partnership is one of convenience; and
4.if applying as dependent family members (dependent children 21 and over and dependent relatives) they are dependent on the EEA national or the EEA national’s spouse or civil partner; and
5.neither the applicant nor the EEA national should be excluded from the UK on the grounds of public policy, public security or public The family members of an EEA national (part 7 of the EEA Regulations) include:
•spouses or civil partners;
•direct descendants of the EEA national or their spouse/ civil partner under 21;
•dependent direct descendants of the EEA national or their spouse/ civil partner 21 and over;
•dependent direct relatives in the ascending line, for example parents and grandparents of the EEA national or their spouse / civil partner.
Financial dependence should be interpreted as meaning that the family member needs the financial support of the EEA national or his or her spouse/ civil partner in order to meet the family member’s essential needs in the country where they are present - not in order to have a certain level of income.
Important: If the applicant is the spouse or civil partner of the EEA national or a dependent child of either the EEA national or their spouse or civil partner is under 21 then they do not need to provide evidence of financial dependency and therefore this should not be requested from the applicant.
Where the applicant can show that he / she is a family member of an EEA national, an ECO must issue an EEA family permit if the requirements for issuing a family permit (see below) are met.health.
EUN2.6 Who are an EEA national’s core family members?The family members of an EEA national (part 7 of the EEA Regulations) include:
•spouses or civil partners;
•direct descendants of the EEA national or their spouse/ civil partner under 21;
•dependent direct descendants of the EEA national or their spouse/ civil partner 21 and over;
•dependent direct relatives in the ascending line, for example parents and grandparents of the EEA national or their spouse / civil partner.
Financial dependence should be interpreted as meaning that the family member needs the financial support of the EEA national or his or her spouse/ civil partner in order to meet the family member’s essential needs in the country where they are present - not in order to have a certain level of income.
Important: If the applicant is the spouse or civil partner of the EEA national or a dependent child of either the EEA national or their spouse or civil partner is under 21 then they do not need to provide evidence of financial dependency and therefore this should not be requested from the applicant.
Where the applicant can show that he / she is a family member of an EEA national, an ECO must issue an EEA family permit if the requirements for issuing a family permit (see below) are met.
https://www.gov.uk/government/publicati ... ily-permit
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Lucapooka
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by Lucapooka » Mon Nov 03, 2014 4:44 pm
The issue being that your rights to be in the UK are not or were not derived from your wife. This situation for family members falls under the heading of RIGHTS OF NON-EEA NATIONAL FAMILY MEMBERS OF EUROPEAN ECONOMIC AREA (EEA) NATIONALS
However, you are not NON-EEA; you are and have always been British and your family members are restricted to that immigration route. If you were in the UK as a Pakistani having entered under EU rules as the partner of an EEA national, that would be different.
https://www.gov.uk/government/uploads/s ... apter2.pdf
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stonecold
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by stonecold » Mon Nov 03, 2014 5:29 pm
Sorry for any spell mistakes as i m travelling and using my mobile.
I got my RC (2007) then PR (2012) and now BC through my EEA wife. I was her depandent.
Thanks Lukapooka Much appreciaed to clarify this.
![Wink :wink:](./images/smilies/icon_wink.gif)
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stonecold
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by stonecold » Sat Nov 08, 2014 1:45 pm
Hi Guys, Please just would like to confirm if I am eligible to apply through EEA route. I am British, but previously I obtained my RC and PR through my EEA spouse (means family member of an EEA). My EEA spouse is still Lithuanian with PR and still exercising her treaty right in UK. I need to apply family permit and my EEA wife is sponsoring her as her mother in law. Please can anyone advice if I am eligible to apply Family Permit for my dependant mother (widowed). She is fully dependant on me and I have been sending regular funds for the last 5 years and now she is extremely suffering from joints pain and cannot go out of house and nobody their to support/help her to do day to day tasks. I am planning to go to Pakistan this month to see her and arrange some temporary arrangement for her needs and FP application etc. However, please help me, what else further should I do to prove that she is wholly and fully dependant on me. Sorry for this intense thread but, I am really in panic and don't know what to do to help her.