Family Visa non EU requirements

Kerasi · Post by **Kerasi** » Wed Jan 19, 2022 7:34 pm

Hello,

My research wasn't able to produce any useful information, so I would appreciate your advice on this topic.

I'm an EU citizen with Pre settled status, my mother in law is an non EEA with preseteled status.

The question is her (mother-in-law) child 19 years old (non EEA) wants to join us in UK.

Is this possible and which are the steps? First to apply for a 6 months permit then the presettled ?

Thank you in advanced for your time.

Cheers

Post by **kamoe** » Thu Jan 20, 2022 3:11 pm

Kerasi wrote: ↑
Wed Jan 19, 2022 7:34 pm
I'm an EU citizen with Pre settled status, my mother in law is an non EEA with preseteled status.

The question is her (mother-in-law) child 19 years old (non EEA) wants to join us in UK.

Is this possible and which are the steps? First to apply for a 6 months permit then the presettled ?

Short answer: No. Generally speaking, there is no route for extended family members under the EU Settlement Scheme. See this post.

Kerasi · Post by **Kerasi** » Fri Jan 21, 2022 8:25 pm

Thank you

Kerasi · Post by **Kerasi** » Fri Jan 21, 2022 8:42 pm

kamoe wrote: ↑
Thu Jan 20, 2022 3:11 pm

Kerasi wrote: ↑
Wed Jan 19, 2022 7:34 pm
I'm an EU citizen with Pre settled status, my mother in law is an non EEA with preseteled status.

The question is her (mother-in-law) child 19 years old (non EEA) wants to join us in UK.

Is this possible and which are the steps? First to apply for a 6 months permit then the presettled ?
Short answer: No. Generally speaking, there is no route for extended family members under the EU Settlement Scheme. See this post.

Just a clarification the child is 17 years old, cant she apply as dependant ?

Post by **kamoe** » Fri Jan 21, 2022 9:19 pm

Kerasi wrote: ↑
Fri Jan 21, 2022 8:42 pm
Just a clarification the child is 17 years old, cant she apply as dependant ?

The list of eligible family members is available at https://www.gov.uk/family-permit/apply- ... chtenstein. The relationship needs to be with a EU sponsor. As you can see, "child of mother in law" is not on the list:

Eligible family members
You can apply if you’re one of the following family members:

spouse, civil partner or unmarried partner
child or grandchild under 21
dependent child or grandchild over 21
dependent parent or grandparent
This includes family members who were adopted under an adoption order that’s recognised in UK law.

You can also apply if you’re one of the following family members of the spouse or civil partner:

their child or grandchild aged under 21
their dependent child or grandchild over 21
their dependent parent or grandparent

Kerasi · Post by **Kerasi** » Sat Jan 22, 2022 8:29 am

kamoe wrote: ↑
Fri Jan 21, 2022 9:19 pm

Kerasi wrote: ↑
Fri Jan 21, 2022 8:42 pm
Just a clarification the child is 17 years old, cant she apply as dependant ?
The list of eligible family members is available at https://www.gov.uk/family-permit/apply- ... chtenstein. The relationship needs to be with a EU sponsor. As you can see, "child of mother in law" is not on the list:

Eligible family members
You can apply if you’re one of the following family members:

spouse, civil partner or unmarried partner
child or grandchild under 21
dependent child or grandchild over 21
dependent parent or grandparent
This includes family members who were adopted under an adoption order that’s recognised in UK law.

You can also apply if you’re one of the following family members of the spouse or civil partner:

their child or grandchild aged under 21
their dependent child or grandchild over 21
their dependent parent or grandparent

Thank you @kamoe

Kerasi · Post by **Kerasi** » Sun Jun 12, 2022 2:28 pm

Hi all,

Congratulations on the great advice and work you are doing.

My mother in law (non EU - pre-settle status) wants to bring her 18 years old child to visit us regularly.
Also my wife, is on a pre-settle status.

Under the family visa can she come to UK?
Would she be able to work or study in the UK?

Thanks in advance.

Post by **secret.simon** » Sun Jun 12, 2022 4:21 pm

Keep in mind that the 18 year old needs to be the family member of the EEA citizen themselves.

Family member means being the spouse of the EEA citizen or the child or dependent parent of the EEA citizen themselves or of their spouse.

Your sibling-in-law does not meet that requirement.

Edit: You were already advised of this in a thread from January this year. The two threads have been merged.

Kerasi · Post by **Kerasi** » Sun Jun 12, 2022 7:32 pm

Thank you Simon.

But we are not going to apply under EEA but as a family visa.
Isn't that different ?

Post by **secret.simon** » Sun Jun 12, 2022 7:39 pm

Kerasi wrote: ↑
Sun Jun 12, 2022 7:32 pm
family visa

To the best of my knowledge, there is no category as a "family visa".

You are going to have to be more specific.

The crucial question is, has the person celebrated their 18th birthday?

If their 18th birthday has passed, the chances of getting a visa under the Immigration Rules is next to none. They are an adult, from the viewpoint of the Immigration Rules, and need to meet the requirements of a specific stream of the Immigration Rules (spousal, work, student, etc) in their own right.

Kerasi · Post by **Kerasi** » Sun Jun 12, 2022 7:42 pm

Yes she is 18 now.

A family visa to live with a family member in the UK for more than 6 months.

I was referring to the following visa:
https://www.gov.uk/uk-family-visa

thank you

Post by **CR001** » Sun Jun 12, 2022 7:45 pm

They don't qualify for this visa.

Post by **secret.simon** » Sun Jun 12, 2022 7:56 pm

Kerasi wrote: ↑
Sun Jun 12, 2022 7:42 pm
Yes she is 18 now.

A family visa to live with a family member in the UK for more than 6 months.

I was referring to the following visa:
https://www.gov.uk/uk-family-visa

thank you

If you click through on the link for "Apply as a child", it tells you the answer.

You were born outside the UK
Whether you can apply depends on your age and how your parent applied.
...
If you’re over 18
Your parent can include you in their application as a dependant, or you can apply separately yourself. You can only apply if you:

got permission to stay in the UK (‘leave to remain’) on a family visa when you were under 18

do not live an independent life
You’re living an independent life if, for example, you’ve left home, got married and had children.

Ideally, the person should have received their first visa before their 18th birthday. At the very least, the procedure for the family visa should have been started before the person's 18th birthday.

Now that their 18th birthday has passed, they need to qualify in their own right, not as a "child", as they no longer are considered one for the purpose of immigration law.

Kerasi · Post by **Kerasi** » Sun Jun 12, 2022 8:04 pm

Thank you both.

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