fam Visitor to Non-EEA Family member..assitance required plz

[hunpak]

Dear Friends

I am a Non-EEA husband of EEA national holding a RC. my mother (62 years) is coming to Britain on a Family visitor visa from Pakistan. its been a huge pain to get her a visa, was once refused due to bank statement issue and than again due to not strong ties in Pakistan and doubt of not returning back but we appeal and it was accepted.

Now situation is like this that we are 3 brothers n 2 sisters.. 2 of us are settled here in uk (my brother and his 2 children and wife all are on ILR) and myself. Our younger brother is in Army in Pakistan and most of the time he is away from family due to the nature of his job (such as doing Flood relief efforts right now) and its really hard in our culture to live with daughters. both sisters are house wife's and dependent on their husbands.

we cant leave our elderly mother on her own in Pakistan, she is old and needs to live with the family..even i am in pakistan for last 3 months waiting for her passport (appeal allowed case).

Now how can i present her case, previously my mothers sponsor was my elder brother (he is financially sound and can sponsor again if needed). my EEA wife is earning around 14500 per Annam and i will be working as well after getting a job..

Please assist me..

[Plum70]

Firstly, a person aged 62 is by no stretch of the imagination considered "elderly" (unless they have serious health issues)! So this argument will not hold water in the ECO's eyes.

You need to convincingly address the reasons for the initial refusal:- show that your mum has strong ties to Pakistan and has good reason to return home after the visit. Also, if you are not the primary sponsor, your mum needs to show that she can support her stay in the UK without recourse to public funds.

[hunpak]

Firstly, a person aged 62 is by no stretch of the imagination considered "elderly" (unless they have serious health issues)! So this argument will not hold water in the ECO's eyes.

You need to convincingly address the reasons for the initial refusal:- show that your mum has strong ties to Pakistan and has good reason to return home after the visit. Also, if you are not the primary sponsor, your mum needs to show that she can support her stay in the UK without recourse to public funds.

can u plz explain it bit more..i want to apply for her EEA2 RC.. not visit visa..

[Plum70]

can u plz explain it bit more..i want to apply for her EEA2 RC.. not visit visa..

To visit??? The best she will get is a EEA Family permit valid for 6 months. RCs are for non-EEA family members wanting to reside in a member state.

[hunpak]

can u plz explain it bit more..i want to apply for her EEA2 RC.. not visit visa..

To visit??? The best she will get is a EEA Family permit valid for 6 months. RCs are for non-EEA family members wanting to reside in a member state.

yes i want her to live with us in Britain ...

i think we are getting confused here...
guide me
1. can a visitor visa holder apply for a EEA2?
2. Is non-eea mother-in-law a direct family member?
3. if yes to 2 question what visa she will apply for.
4. if she will get refused from EEA permit (whatever) is this going to effect her Family visitor visa?

[hunpak]

@Plum70
Please check this post.. over here some seniors say that my mother can apply for RC as an EEA2 applicant..

http://www.immigrationboards.com/viewto ... ht=#365682

can u plz explain it bit more..i want to apply for her EEA2 RC.. not visit visa..

To visit??? The best she will get is a EEA Family permit valid for 6 months. RCs are for non-EEA family members wanting to reside in a member state.

[Plum70]

Your mother can only apply for a RC from within the UK. The EEA Family permit is an 'entry clearance' which can only be applied for outside the UK.

Provided that you can show your mother's dependence on you, you should be able to bring her over on a EEA Family permit. Once in the UK she may apply for a RC.

Capiche?

[hunpak]

Your mother can only apply for a RC from within the UK. The EEA Family permit is an 'entry clearance' which can only be applied for outside the UK.

Provided that you can show your mother's dependence on you, you should be able to bring her over on a EEA Family permit. Once in the UK she may apply for a RC.

Capiche?

thanks again but still i don't understand...let me put it this way..
consider she is in UK at the moment on a visitor visa what to do next?


sorry for being a Nobe..

[Queries]

Your mother can only apply for a RC from within the UK. The EEA Family permit is an 'entry clearance' which can only be applied for outside the UK.

Provided that you can show your mother's dependence on you, you should be able to bring her over on a EEA Family permit. Once in the UK she may apply for a RC.

Capiche?

thanks again but still i don't understand...let me put it this way..
consider she is in UK at the moment on a visitor visa what to do next?


sorry for being a Nobe..

Hunpak, your mum can now apply on the EEA2 form for a Residence Card of a family member of an EEA national as she is currently in the UK. You will need proof that she is dependent on you and only in this case she would be classed as a "family member" under the Directive 2004/38 and the equivalent provision in the Regulations 2006.

Don't worry too much. If there has been a genuine change in the circumstances which would preclude her from going back to Pakistan and she is dependent on you, that's absolutely fine and don't listen to the haters here, you WILL get the RC. Simply apply on the EEA2 form, provide written statements from both yourself and your EEA national spouse that your mum is dependent on you and you are responsible for all her expenses etc. There will be a different department dealing with her application to the one which issued the Visitor Visa. So long that she is in the country, there is no requirement for her to have entered legally, let alone have a specific type of permit (she could have entered on the EEA family permit or tourist visa, doesn't make an iota of difference).

The written statements of its own may not suffice to prove dependency, so if you have any proof of:
1) sending money to her;
2) the fact that she depends wholly or mainly financially on you/your EEA spouse;
3) any other proof of dependency such as medical history which would show that she needs to be cared for, and there is noone else back in Paki Stan to care for her;
4) under no circumstances send her back out of the UK. While the application is being processed and decided, she is legally in the UK. Even if for some strange reason she gets a refusal, this is an EU decision and capable of automatic free appeal;
5) by the time the decision has been made, she would have been dependent on you even more, especially if the place she used to live in back home is sold or unavailable for some reason.

Anyway, once again, congratulations for getting your mum here, as this is an EEA route, it's much easier to keep her here, rather than if you tried the way through your brothers as UK settlement route.

Good luck and always get a second opinion!!! (although mine is in your favour)

[86ti]

There are reports here that people have sucessfully applied for their parents while on visit visa. In my humble opinion the mere fact of dependance at the time of application should suffice but I dimly remember an objection stating that the UKBA wants to see past contributions towards the family member. As mentioned earlier an affidavit may be a good idea.

[hunpak]

thanks Queries and 86ti

i highly appreciate your help and if she gets her eea RC that will make life so much easier..with things such as travelling and medical help..

tnx again

[hunpak]

Can u please help me what type of documents can be considered to show her dependency..

i was sending her money via my brother-in-law (the receipts are/were on his name) ..

i have asked my wife to send some money so we can use that receipt to show she is my dependent.

guide me how can i respond to the issue that one of my brother (in Army) and two of my sisters (house wife's) live in Pakistan. my explanation is that my brother can't support my mother due to the nature of his job and my sisters are themselves dependent on their husbands therefore they can't look after her.

Secondly if i include my brother (Who is on ILR) as a co-sponsor is it going to create any problems or this would be helpful?


regards

[hunpak]

can someone answer my questions please?

[technical_lemon]

I have got a similar case .. do you guys know any good solicitor who know this route and prepare the case (london) area..

thanks

[Directive/2004/38/EC]

Is your mother financially dependent on you? If think carefully http://eumovement.wordpress.com/2008/04 ... ly-member/

If you and your EU spouse have lived previously with your mother than she may also qualify as a beneficiary See http://eumovement.wordpress.com/2008/04 ... ficiaries/

If she is in the UK right now, and living with you, and financially dependent on you?