Mods can you give advice on EEA family permit/Settlement Scheme

[Battlestar]

Sorry to ask guys but I've done some research and not sure what to do. If you could just point me in the right direction, I can read up more and hopefully find the answer myself. If I can't then i'll be back to ask for assisstance but want to see if I can find if myself (with some guidance).

• Basically I'm a British citizen from birth.

• My wife is from Pakistan and has an Article 10 card issued since 2017 (issued by Belgium. We got that thanks to you guys.

• We moved back to the UK March 2018 and she got issued a UK Residence card under the SS route in June 2019.

• We have two children under the age of 4 if that makes any difference to anyhing?

She would now like to see if we can call her mum to come live with us. I have been financially supporting her mum and dad for atleast 5 years and have bank documents to prove. I was just going to apply for a UK visitor visa but heard tht I might be able to call them under the EEA family permit/Settlement Scheme.

However I am not sure which one is applicable. I think we cant apply for the EU Settlement Scheme family permit because my wife is not an EEA citizen and I don't count as it says "excluding UK nationals". Also I have not applied for my wife to have'.

I was thinking we could apply under the EEA Family Permit but again this says EEA citizen which my wife is not. So now having read this and typed it out, I think we can't apply for either. Is that right?

If so what routes are open to me?

[Zerubbabel]

Hello

We see similar scenarios nearly daily in this forum.

For you wife, it was a school case of Surinder Singh. You were in Belgium as British citizen exercising Treaty Right. You wife got an Article 10 card then when you came back to the UK, despite you being British citizen, you could invoke an EEA route under Surinder Singh.

For her mother, it's a different story. If she was living with you in Belgium with an EEA card, then Surinder Singh would've also worked for her.

But now, you are in the UK as a British Citizen. Your past life within EEA countries is not relevant for your mother in law. The EU Settlement Scheme won't work. It's open only to EEA nationals and their relatives.

You can go back to Belgium as an EEA national and try from there. But from the UK, you are seen as British.

The fact that you send her money doesn't open any route in the UK.

There is the Adult Dependent Relative route but it requires heavy dependency on you as you need to demonstrate that she needs you for feeding, taking medication, going to the bathroom... and no one else can give her that level of care in her home country. So most often then not, ADR applications fail and then the person can no longer obtain a visitor visa in the future.