EU route or Article 8 of European Human Rights Act?

[wk1982]

I'd appreciate any advice from you guys ..


I'd like to bring my mother who has been solely dependant on me for money for the last 2 years. She lives currently in Libya. I hold RC and my wife is French and have been living here for 3 years. My wife is self-sufficient. I felt after going through previous threads in this forum that it can get very difficult when it comes to show dependency. So I thought given the current unrest in our home country probably I would use article 8. The thing she lives on her own with some relatives (second degree) come over to help occasionally. She has some chronic medical problems and needs repeat tablets which can be so risky sometimes to get from chemist. So I thought I should bring her to live with me and I'll look after her. I can easily afford all her living cost and moreover I have enough space in house to accommodate her.

Would u recommend I apply for a FP or shall we get Article 8 application or maybe both???

Thanks in advance and really appreciate your advice given this sensitive situation.

[mastermind72]

The following link from the UKBA website reads:

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/#

"What is a 'family member'?
Close
If you are an EEA or Swiss national, your non-EEA family members who have the right of residence in the UK are:

your husband, wife or civil partner;
your children or grandchildren (or the children or grandchildren of your husband, wife or civil partner) who are under 21 years of age or are dependent on you; and
the parents or grandparents of you and your husband, wife or civil partner.
(If you are a student, only your husband, wife, or civil partner and dependent children have a right of residence.)

Other relatives - including extended family members such as brothers, sisters and cousins - do not have an automatic right to live in the UK. To be considered, they must be able to show that they are dependent on you.

If you and your partner are not married or in a civil partnership, you must be able to show that you are in a durable relationship with each other."

Clearly we are talking about a family member as she is your mother.

Why do you say it is difficult to show dependency? Don't you have a birth certificate showing that she is your mother and you are her son?

If you do have that, then I do not see where the problem is.

Regarding your question, I think that under EEA law, and when you prove with evidence that they are a family member, then you are guaranteed to get the permit for her to come here and live - it is free to apply.

I am not sure abou Article 8...