EEA Family Permit

My wife is EU national and have settled status. I also have settled status as her souse. My mum came to UK on visitor visa. We applied EEA family member inside country. Her Bio was done here in London. Now she has family emergency and want to go outside for couple of weeks. Is it ok to travel outside UK while waiting for decision? Will this travel have any impact on decision?

MyPermit wrote: ↑

Mon Nov 16, 2020 8:19 pm

My mum came to UK on visitor visa.

Why???

If the intention was for her to immigrate, she could have applied to a EUSS Family Permit. A visitor visa is a bad idea, since the very application to an immigration route afterwards suggests that her original intention was not really to visit, but to immigrate.

We applied EEA family member inside country.

What exactly did you apply for?

The subject of your message says EEA Family Permit, which can only be applied for outside of the UK. I can only assume you applied for a Residence Card.

Also, since you have Settled Status, the easiest thing for you would have been to apply for a Residence Card under the Settlement Scheme, not under EEA regulations.

In the end the answer to your question is the same, either if you applied to the EEA or EUSS, but it is important you know what you have applied for.

Her Bio was done here in London.

Please note that receiving a CoA and biometric does not mean the application will be successful.

Now she has family emergency and want to go outside for couple of weeks. Is it ok to travel outside UK while waiting for decision? Will this travel have any impact on decision?

The answer to your question is yes, it is OK to travel while EEA or EUSS applications are being considered.
Unlike applications under other routes, EU applications are not considered withdrawn if the applicant leaves the country.

Thanks for your reply.

She has 10 years visitor visa and she has been travelling here every year. 5 years are still left on her visa

You are right. We applied for EU settlement scheme. Sorry for confusion. I did not realise that both are different. We have applied documents to show her dependency on me and my wife.

If her visa rejected or undecided or go for appeal, will she be still able to enter to UK on her visitor visa? Do we need to inform Home Office before she leaves the country?

I am regretting to not come here earlier. We went to a solicitor and asked for advice for her permanent settlement. He charged us £££ and submitted application without informing us that inside success chances are lower

MyPermit wrote: ↑

Tue Nov 17, 2020 4:53 pm

She has 10 years visitor visa and she has been travelling here every year. 5 years are still left on her visa

This is a better position, since it can be shown that the original intention when she applied for her visa was to come and visit only, which she has done. Would have been better to apply for EUSS Family permit before coming this time, but this does not necessarily mean she will be refused.

You are right. We applied for EU settlement scheme. Sorry for confusion. I did not realise that both are different. We have applied documents to show her dependency on me and my wife.

That's alright. Dependency of parents for the Settlement Scheme is not necessary, although it is good you show this.

If her visa rejected or undecided or go for appeal, will she be still able to enter to UK on her visitor visa?

Well...

The worst possible scenario is that the application fails, and on top of that, the caseworker considers that the application has made it apparent that her intentions of only visiting have changed, giving grounds for curtailing her visitor visa.

The best possible scenario is that the application succeeds, and because it succeeds, she is granted Pre-Settled status; which means her visitor visa has to be curtailed, since she cannot have two visas at the same time. In this case she will find herself in the absurd -but common- position of having to apply for a EUSS Family Permit in her home country (which she should have done in the first place) only to be able to come back into the UK.

The middle scenario is that the application fails, but this does not affect her visitor visa.

Each case is different. I cannot tell you which of the above will apply. Perhaps someone with more experience can comment.

Do we need to inform Home Office before she leaves the country?

No.

I am regretting to not come here earlier. We went to a solicitor and asked for advice for her permanent settlement. He charged us £££ and submitted application without informing us that inside success chances are lower

Chances are not lower if you apply inside the UK.

What I said is, it's less than ideal to apply on a visitor visa, and definitely a bad idea if used said visa solely to enter the UK with the purpose of immigrating. But this is not her case, since her visa is at least 5 years old, and it is clear she used it genuinely to visit in the past. Again, not ideal to have done it this way, but not necessarily a refusal.

Thanks for your help.
We received positive reply today. It took us 10 days.
Now waiting for card. Hopefully we get it soon.

Hi
I have the same problem with my mom case. She is here in UK on visitor visa. And I am confused too. We applied EUSS for her. Can u help to explain the time scale for ur mother. How long it took by dates And the documets used to apply. MANY THANKS

Hi
I am EU citizen and my husband is NON EU family member. I want to apply EUSS for my mother-in-law. Can someone help me, bcoz she all ready had a 2 year visa which she applied last year in january. She came here in dec2020 on visit visa. Can i apply EUSS for her. If yes, then how long it took and what is the time scale. And the documents which i need to show. Is i need to show any dependency or is this assumed for parents.
Thanks

qazqwer333 wrote: ↑

Sun Jan 17, 2021 6:58 pm

Hi
I am EU citizen and my husband is NON EU family member. I want to apply EUSS for my mother-in-law. Can someone help me, bcoz she all ready had a 2 year visa which she applied last year in january. She came here in dec2020 on visit visa. Can i apply EUSS for her. If yes, then how long it took and what is the time scale. And the documents which i need to show. Is i need to show any dependency or is this assumed for parents.
Thanks

Do NOT tag your question onto other members topic.

You have your own topic where responses have already been given. Stick to your own topic with your questions.

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