Can my mum apply on my 5 years resident card?

lolik12345 · Post by **lolik12345** » Thu Sep 17, 2009 12:34 pm

Helllo my mum came in UK as a visitor that her 5th visit.the entry clearancy gave her visa for 6 month[multy visa].She is retired person both her children living in UK.Can she apply for EEA2 appl.form as I did before.I want she stay with us permanenntly,also this travel every 6 month expencive and no good for her ages.can we do something she can stay she is financial dependant on us,and when she is coming she stay with us under one roof. P.S.Me and my mum non EEEA national,but my husband is EEA.Thanks waiting for reply.

86ti · Post by **86ti** » Thu Sep 17, 2009 1:27 pm

If she is truly financially dependent on you then you should be able to get the RC for her. For details see http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/ , in particular chapter 2 (point 2.3.2). BTW, did she come on a visitor visa or on an EEA family permit?

lolik12345 · Post by **lolik12345** » Thu Sep 17, 2009 6:57 pm

Hi,thanks for reply.She came as a visitor because I knew that apply for EEA from my country will be difficult and maybe she has to wait 1 year for answer.Can you explain to me pls what is mean strongly financinal dependant,we send her money but she use to work as a principal in college.There is was not need to send her money regualar,but now she is retired and haven't got no one there,both children living in UK.

Ben · Post by **Ben** » Tue Sep 22, 2009 12:40 pm

86ti wrote:BTW, did she come on a visitor visa or on an EEA family permit?

Doesn't matter, in accordance with the ECJ ruling in case C-127/08 (Metock).

lolik12345, your mother is entitled to reside in the UK if she is a person described in either Article 2(2) or Article 3(2) of Directive 2004/38/EC:

Directive 2004/38/EC, Article 2(2) wrote:2) "Family member" means:
(a) the spouse;
(b) the partner with whom the Union citizen has contracted a registered partnership, on the
basis of the legislation of a Member State, if the legislation of the host Member State
treats registered partnerships as equivalent to marriage and in accordance with the
conditions laid down in the relevant legislation of the host Member State;
(c) the direct descendants who are under the age of 21 or are dependants and those of the
spouse or partner as defined in point (b);
(d) the dependent direct relatives in the ascending line and those of the spouse or partner as
defined in point (b);

Directive 2004/38/EC, Article 3(2) wrote:2. Without prejudice to any right to free movement and residence the persons concerned may have
in their own right, the host Member State shall, in accordance with its national legislation, facilitate
entry and residence for the following persons:
(a) any other family members, irrespective of their nationality, not falling under the definition in
point 2 of Article 2 who, in the country from which they have come, are dependants or
members of the household of the Union citizen having the primary right of residence, or
where serious health grounds strictly require the personal care of the family member by the
Union citizen;
(b) the partner with whom the Union citizen has a durable relationship, duly attested.

86ti · Post by **86ti** » Wed Sep 23, 2009 9:17 am

benifa wrote:
86ti wrote:BTW, did she come on a visitor visa or on an EEA family permit?
Doesn't matter, in accordance with the ECJ ruling in case C-127/08 (Metock).

That wasn't my point. For the EEA FP the mother would have been able to demonstrate the exact nature of the relationship.

Ben · Post by **Ben** » Wed Sep 23, 2009 11:07 am

86ti wrote:
benifa wrote:
86ti wrote:BTW, did she come on a visitor visa or on an EEA family permit?
Doesn't matter, in accordance with the ECJ ruling in case C-127/08 (Metock).
That wasn't my point. For the EEA FP the mother would have been able to demonstrate the exact nature of the relationship.

I see what you mean.

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Can my mum apply on my 5 years resident card?

Can my mum apply on my 5 years resident card?