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Family visa and Dependent naturalisation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Jaz09
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Posts: 20
Joined: Thu Dec 13, 2018 12:10 am
United Kingdom

Family visa and Dependent naturalisation

Post by Jaz09 » Fri Dec 25, 2020 2:30 am

Hello everyone,

Can you please help me with below query's

1) I got my british citizenship through naturalisation. I want to bring my mother to uk as she is dependent on me for finance and care. Can you please let me know on which route she can apply for visa and can join us in uk.

2) Recently my dependent got ILR through 5 year route. Can she apply for naturalisation now or she needs to complete 1 year on ILR and then need to apply. Please let me know??

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Family visa and Dependent naturalisation

Post by CULLINAN » Fri Dec 25, 2020 2:34 am

Jaz09 wrote:
Fri Dec 25, 2020 2:30 am
Hello everyone,

Can you please help me with below query's

1) I got my british citizenship through naturalisation. I want to bring my mother to uk as she is dependent on me for finance and care. Can you please let me know on which route she can apply for visa and can join us in uk.

2) Recently my dependent got ILR through 5 year route. Can she apply for naturalisation now or she needs to complete 1 year on ILR and then need to apply. Please let me know??
1)
https://www.gov.uk/uk-family-visa/adult ... t-relative

2) She can apply now as long she meets all the AN requirements as per Section 6(2) BNA 1981. No need to wait 1 year.

https://assets.publishing.service.gov.u ... ber_20.pdf

https://assets.publishing.service.gov.u ... gov-uk.pdf

https://visas-immigration.service.gov.u ... onality-an
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Jaz09
Newly Registered
Posts: 20
Joined: Thu Dec 13, 2018 12:10 am
United Kingdom

Re: Family visa and Dependent naturalisation

Post by Jaz09 » Fri Dec 25, 2020 2:57 am

Hi,

Can my mother apply under eu settlement scheme or family permit??. On the link which you gave i can see the below note. Please let me know.


Note - If your family member has settled status you may also be eligible to apply to the EU Settlement Scheme or for a family permit.

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Family visa and Dependent naturalisation

Post by CULLINAN » Fri Dec 25, 2020 3:31 am

Jaz09 wrote:
Fri Dec 25, 2020 2:57 am
Hi,

Can my mother apply under eu settlement scheme or family permit??. On the link which you gave i can see the below note. Please let me know.


Note - If your family member has settled status you may also be eligible to apply to the EU Settlement Scheme or for a family permit.
That is a totally different scheme for EU nationals.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Jaz09
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Posts: 20
Joined: Thu Dec 13, 2018 12:10 am
United Kingdom

Re: Family visa and Dependent naturalisation

Post by Jaz09 » Fri Jan 01, 2021 11:54 pm

Hi,

Can you please help me with this, when i select category - apply as an adult coming to be cared for by a relative, on the same page it mention below point, so can i select EU settlement scheme as its free. Please help me with this.

If your family member has settled status you may be able to apply to the free EU Settlement Scheme or for a family permit.



Option selected - Apply as an adult coming to be cared for by a relative

You must be outside the UK to apply and need long-term care from a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK.

One of the following must also apply to the relative:

* they’re a British or Irish citizen
* they’ve settled in the UK - for example, they have indefinite leave to remain, settled status or proof of permanent residence
* they’re from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status - they must have started living in the UK before 1 January 2021
* they have refugee status or humanitarian protection in the UK

If your family member has settled status you may be able to apply to the free EU Settlement Scheme or for a family permit.

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

Re: Family visa and Dependent naturalisation

Post by secret.simon » Sat Jan 02, 2021 12:00 am

Jaz09 wrote:
Fri Dec 25, 2020 2:57 am
Can my mother apply under eu settlement scheme or family permit??.
No, She can't.

For a British citizen to sponsor their the family member in this way, two specific events need to have occured;
a) the British citizen should have exercised treaty rights in an EEA member-state of which they are not a citizen, before 31st January 2020, AND
b) the family member that they want to sponsor lived with them in that EEA member-state while they exercised treaty rights.

If both conditions stated above are not met, the British citizen can't sponsor family members under the EU/EEA route.

If the British citizen has not exercised treaty rights in another EEA member-state while the family member lived with them there, then the only route available to sponsor a parent s the Adult Dependent Relative route that @CULLINAN has linked to above.

Be aware that this route has a very high rate of refusal (78% after appeals; 94% before appeals) and refusal would also close the doors to any future visit visa applications.
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.

Jaz09
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Posts: 20
Joined: Thu Dec 13, 2018 12:10 am
United Kingdom

Re: Family visa and Dependent naturalisation

Post by Jaz09 » Sat Jan 02, 2021 1:06 am

Thank you

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