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Non-EU parents of a British citizen

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mzotti
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Non-EU parents of a British citizen

Post by mzotti » Sat Feb 18, 2017 12:45 pm

I am a British citizen, my mother came to visit me and received a visitor stamp on her Brazilian passport. She is financially dependent on me. I'd like to apply for a visa for her to stay longer than 6 months, Ideally something that would allow her to work and live here legally but I would also consider a family permit/visa for now and worry about getting her permissions to seek employment later. I am a bit confused with the family-permit (no fees) and join-family-in-uk (£1,195 fee) routes.

Considering the fact a family permit is free of charge and only takes a couple of weeks to process then I would definitely go with that option for now if she fits into the eligibility criteria? It doesn't say 'parent of an EEA or British national' there. On a side note, am I right to say that the EEA national term used on various application forms also include the British citizens as part of this group?

What about obtaining a residence card? The same I had (valid for 5 years) before obtaining permanent residence and becoming British.

Thanks

Obie
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Location: UK/Ireland
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Re: Non-EU parents of a British citizen

Post by Obie » Sat Feb 18, 2017 12:53 pm

British citizen cannot use EEA route , unless in certain circumstances, which does not apply to your case .
Smooth seas do not make skilful sailors

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Casa
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Re: Non-EU parents of a British citizen

Post by Casa » Sat Feb 18, 2017 1:15 pm

As Obie has advised, your mother doesn't qualify for an EEA permit as you are now a British citizen.

If your mother is intending to apply for an Adult Dependent visa, you should be aware that this route to settlement has been virtually closed since July 2012 when the Rules were tightened.

In order to qualify, your mother would have to show that she is unable to carry out simple tasks such as bathing, dressing, preparing food etc and that care is either not available in her home country or is unaffordable.

There have only been a few successful applications since the 2012 rule change and the majority of these have been after a lengthy and costly court appeal, or have been submitted in countries where the cost of health care is higher than the UK, such as the USA.

You should also bear in mind that if you apply for an ADV and it is refused, you will be closing the door to your mother visiting in the future due to the previous intention to settle in the UK.

These articles by Freemovement explains the situation clearly.

https://www.freemovement.org.uk/out-with-the-old/

https://www.freemovement.org.uk/home-of ... ndparents/
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: Non-EU parents of a British citizen

Post by secret.simon » Sat Feb 18, 2017 1:49 pm

Also see sticky above on Older dependent relatives.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

mzotti
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Re: Non-EU parents of a British citizen

Post by mzotti » Sat Feb 18, 2017 5:07 pm

Thank you both for the quick reply.

What If I apply through my wife who is an Italian (EEA member) citizen? She didn't apply for British citizenship as me but She also has the permanent residence card, can I get my mother a family permit through my wife? I can definitely prove that we have been sending her (my mother) money before She came to to the UK as a visitor.


Thanks

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Non-EU parents of a British citizen

Post by secret.simon » Sat Feb 18, 2017 5:49 pm

I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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