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ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Wed Jun 02, 2021 6:57 am

What if we get married abroad tomorrow? or the coming Sunday? Would that work?

What do you reckon?? is it possible?

We can still apply form it?

kamoe
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by kamoe » Wed Jun 02, 2021 7:04 am

kamoe wrote:
Wed Jun 02, 2021 6:54 am

I say this, according to the definition of dependent parent, and family member of EEA citizen, where it says spouse or civil partner can be:
(a) the spouse or civil partner of a relevant EEA citizen, and:
(i) the marriage was contracted or the civil partnership was formed before the specified date; or
(ii) the applicant was the durable partner of the relevant EEA citizen before the specified date (the definition of ‘durable partner’ in this table being met before that date rather than at the date of application), and the partnership remained durable at the specified date; or
So getting married now while proving durable relationship since before December 31st 2020 will make ones' parents eligible.
And I also want to stress that looking very closely, point (ii) above might only apply for applicants who were unmarried partners relying on their partner's EU family relationship; but might not apply for their parents relaying on the same "son/daughter in law" relationship. See how it says: "the applicant was the durable partner" not "the applicant's son/daughter was the durable partner". I might be looking too close itno this, but the devil is in the detail. Again, anyone with more insight is more than welcome to comment.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by kamoe » Wed Jun 02, 2021 7:06 am

Youngbeard wrote:
Wed Jun 02, 2021 6:57 am
What if we get married abroad tomorrow? or the coming Sunday? Would that work?

What do you reckon?? is it possible?

We can still apply form it?
I can tell you that it won't work if you don't get married; and you won't be able to get married in the UK before June 30th 2021.
And all I've said is what I can interpret from what's written, nothing more. It doesn't mean I'm right.

That's all I've got, sorry.

Anyone else with first-hand experience is more than welcome to comment.
Last edited by kamoe on Wed Jun 02, 2021 7:10 am, edited 1 time in total.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Wed Jun 02, 2021 7:08 am

We can get married abroad this week. What if we get married this week )))?

Would that work? and have marriage certificate translated and certified and apply before the end of the scheme?

kamoe
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by kamoe » Wed Jun 02, 2021 7:12 am

Youngbeard wrote:
Wed Jun 02, 2021 7:08 am
We can get married abroad this week. What if we get married this week )))?

Would that work? and have marriage certificate translated and certified and apply before the end of the scheme?
That would only work if I'm right. I do not know if I'm right.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Wed Jun 02, 2021 7:15 am

Who knows?? please guys

As we then have to do so many things like buying tickets for 4 persons and buy COVID tests abroad and in the UK and that will be hell of lot money +quarantine in the UK.....

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Wed Jun 02, 2021 7:17 am

We can get married abroad on this coming Sunday )))

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Wed Jun 02, 2021 7:34 am

You are so clever man!

say this, according to the definition of dependent parent, and family member of EEA citizen, where it says spouse or civil partner can be:
(a) the spouse or civil partner of a relevant EEA citizen, and:
(i) the marriage was contracted or the civil partnership was formed before the specified date; or
(ii) the applicant was the durable partner of the relevant EEA citizen before the specified date (the definition of ‘durable partner’ in this table being met before that date rather than at the date of application), and the partnership remained durable at the specified date; or
So getting married now while proving durable relationship since before December 31st 2020 will make ones' parents eligible.


But as you said there is nothing saying about

it says: "the applicant was the durable partner" not "the applicant's son/daughter was the durable partner".

WHAT MADE YOU THINK that it is transferrable on Mother in Law ( WHO IN FACT WAS NOT durable partner?)

Please express your idea man

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Wed Jun 02, 2021 7:37 am

We could fly abroad and get married but it says here


(ii) the applicant was the durable partner of the relevant EEA citizen before the specified date (the definition of ‘durable partner’ in this table being met before that date rather than at the date of application), and the partnership remained durable at the specified date; or


SO ITS NOT REFERRED to partner's parent

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Wed Jun 02, 2021 7:39 am

Please share your view Kamoe what made you think that it is also referred to mother in law or father in law. Because as you said the law is:


See how it says: "the applicant was the durable partner" not "the applicant's son/daughter was the durable partner". I might be looking too close itno this, but the devil is in the detail. Again, anyone with more insight is more than welcome to comment.

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Wed Jun 02, 2021 8:17 am

Hellooooo

User avatar
CR001
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by CR001 » Wed Jun 02, 2021 8:26 am

Youngbeard wrote:
Wed Jun 02, 2021 8:17 am
Hellooooo
The forum is NOT an "on demand" service!!! We are all unpaid volunteers with normal jobs and family committments.

Stop trying to bump your posts/topic for immediate response!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kamoe
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by kamoe » Wed Jun 02, 2021 8:32 am

CR001 wrote:
Wed Jun 02, 2021 8:26 am
Youngbeard wrote:
Wed Jun 02, 2021 8:17 am
Hellooooo
The forum is NOT an "on demand" service!!! We are all unpaid volunteers with normal jobs and family committments.
My thoughts exactly.

To the OP: Please refrain from posting multiple redundant posts that just repeat what you just said. Best to write one longer post with your full idea than 5 one-liners. Also, this is not a chat room or customer help service where people are supposed to answer to you instantaneously. I've given you 2 hours of my morning, please be more respectful.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by kamoe » Wed Jun 02, 2021 8:42 am

Youngbeard wrote:
Wed Jun 02, 2021 7:39 am
Please share your view Kamoe what made you think that it is also referred to mother in law or father in law.
In the list of evidence to supply, If you’re their dependent parent, grandparent or great-grandparent, see the last line, where unmarried relationship of child (who is married since has to be spouse or civil partner) is included as eligible if started prior to December 31st:
If you’re their dependent parent, grandparent or great-grandparent

(...)

Where your child, grandchild or great-grandchild is not an EEA or Swiss citizen or person of Northern Ireland but their spouse or civil partner is, you must provide evidence:
  • of your relationship to your child, grandchild or great-grandchild
  • that your child, grandchild or great-grandchild was the spouse, civil partner or unmarried (durable) partner of an EU, EEA or Swiss citizen, or person or Northern Ireland, by 31 December 2020
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Wed Jun 02, 2021 10:04 pm

I want to apologise for being impatient!

So I think you are right but .... something made double minded?
May I know what please? As I am going to buy tickets which all together with COVID TESTS could cost me £2000K

Big money...

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Thu Jun 03, 2021 11:09 pm

good night guys,

I must say this forum is full of very nice people.


I have a question if on the web site of the Home Office it says dead line is 30th of June to apply for EU permit
and on the Embassy web site it states that EU permit will not be valid after 30 th june regardless from when it was issued ,

Could someone apply for EU permit on or around 20th or 25 th of June? or they could refuse on the basis that it is not enough time to travel before 30 th? of June
Top
Youngbeard

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Thu Jun 03, 2021 11:09 pm

Also could someone apply for EU permit from the UK ( coming to the UK on tourist valid visa ) and start application from within the UK. Applying for EU permit on 28th of June?

kamoe
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by kamoe » Fri Jun 04, 2021 8:17 am

Youngbeard wrote:
Wed Jun 02, 2021 10:04 pm
So I think you are right but .... something made double minded?
May I know what please?
The fact that I have zero first-hand experience, and the fact that I am not an immigration solicitor in a position to give you specialised knowledge. I have offered only my interpretation of what's written, and I have pointed you to where I have read what I have read. In that sense, at this point you have the exact same information that I have.
As I am going to buy tickets which all together with COVID TESTS could cost me £2000K

Big money...
This is an anonymous, non-professional forum, I hope you understand at this point that all we can usually do here is present the facts as we understand them. What you do with the information is completely up to you. We cannot legally advise you to make any decision (no one who isn't a qualified immigration solicitor can).

From a completely personal and non-legal point of view, I would say this to any friend facing a big uncertain decision involving big money: You have a very narrow window to make this work, and many things can go wrong that could delay your process, possibly making you miss the deadline, even if you travelled tomorrow. If you make the decision to try an travel and get married with such restrictions (and again that decision is completely up to you), it would be wise to make that decision NOT with the sole purpose and because of the sole reason of obtaining a UK entry permit for your mother (get married because you genuinely want to get married, travel because you genuinely want to travel/plan more reasons to travel, etc.).
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by kamoe » Fri Jun 04, 2021 8:39 am

Youngbeard wrote:
Thu Jun 03, 2021 11:09 pm
Also could someone apply for EU permit from the UK ( coming to the UK on tourist valid visa ) and start application from within the UK. Applying for EU permit on 28th of June?
As far as I understand (and by that I mean as far as I can interpret), people cannot apply if the visitor visa was issued after 25th April 2015. So a visitor visa issued tomorrow won't work. See this post.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Fri Jun 04, 2021 9:36 am

Thanks Kamoe for your advise! I do realise you are only relying on your interpretation.

I genuinely want to get married :))) Not really to travel though... at this point of COVID.
However I can travel as I found cheaper option for travelling and WE can quickly get married its genuine as we have 2 adult children and I proposed my partner many times.... However the red tape in UK did not really facilitate it.... We were planning to do it abroad anyways.



I have another question maybe someone knows or you know Kamoe ( from news or Home office guidelines )


I have a question if on the web site of the Home Office it says dead line is 30th of June to apply for EU permit
and on the Embassy web site it states that EU permit will not be valid after 30 th june regardless from when it was issued ,

Could someone apply for EU permit on or around 20th or 25 th of June? or they could refuse on the basis that it is not enough time to process and to travel before 30 th? of June

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Fri Jun 04, 2021 9:44 am

As far as I understand the application can be refused on technicality that there is not enough time to process it and hence there is no point to grant it if say someone would apply on 25 th or 28 th of June?

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Fri Jun 04, 2021 4:55 pm

Hi guys any ideas?

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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by avro1959 » Sat Jun 05, 2021 1:38 am

Youngbeard wrote:
Fri Jun 04, 2021 9:36 am
I genuinely want to get married :))) Not really to travel though... at this point of COVID.
However I can travel as I found cheaper option for travelling and WE can quickly get married its genuine as we have 2 adult children and I proposed my partner many times.... However the red tape in UK did not really facilitate it.... We were planning to do it abroad anyways.
Not sure why you're trying to convince members of a forum about your intentions. Speak to a solicitor to discuss your requirements.
I have a question if on the web site of the Home Office it says dead line is 30th of June to apply for EU permit
and on the Embassy web site it states that EU permit will not be valid after 30 th june regardless from when it was issued ,

Could someone apply for EU permit on or around 20th or 25 th of June? or they could refuse on the basis that it is not enough time to process and to travel before 30 th? of June
The EU family permit's validity will not extend beyond 30 June, even if you apply today.

kamoe was referring to the EU Settlement Scheme family permit when they were sharing their interpretation of your mother's eligibility. You have a couple of options:
1. Speak to a UK immigration lawyer/solicitor
2. If you can't / don't want to speak to a solicitor, another option is to apply for the EU settlement scheme anyway and make your case. It's a free application, you don't have anything to lose really. While your odds are slim, who knows they may decide in your favour.

Youngbeard
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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by Youngbeard » Sat Jun 05, 2021 4:02 am

Good morning,

Thanks for your reply!


In my opinion many of the UK based solicitors in London that I know are useless. ( I am terribly sorry to say that but the ones I know and I have seen this is true) SOME OF THEM CAN not speak English properly which is strange.



I guess
The EU family permit's validity will not extend beyond 30 June, even if you apply today.

My biggest question is not the immigration advise now(however Kamoe was very nice and kind and already gave me some pieces of advise) but your opinion guys ( someone's independent view ) what potentially could happen to the application submitted after 24 th of June? or even 26 th of June?

Most likely refused on the basis of shortage of time?

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Re: ASSUMED DEPENDENCY for EU national ( applying for EEA Permit for my mother)

Post by avro1959 » Sat Jun 05, 2021 5:05 am

Youngbeard wrote:
Sat Jun 05, 2021 4:02 am
My biggest question is not the immigration advise now(however Kamoe was very nice and kind and already gave me some pieces of advise) but your opinion guys ( someone's independent view ) what potentially could happen to the application submitted after 24 th of June? or even 26 th of June?

Most likely refused on the basis of shortage of time?
Yes.

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