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Parents of british citizen and ea national’s Parents in law

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

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Adeel_ali
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Posts: 13
Joined: Fri Jul 05, 2019 1:37 am

Parents of british citizen and ea national’s Parents in law

Post by Adeel_ali » Fri Jul 19, 2019 1:49 am

I m wondering if any one here could possibly help me bit confused as
I m naturalised british citizen and my wife is an Eea national she holds settled status currently exercising her treaty rights,can we sponsor my mother (eea national mother in law) ?
Has any one applied or have been any successful application with similar scenario?
Would really appreciate if any one provide documents list needed for this application.
And also i have one brother in non eea country does extended family member route apply to him?
Will appreciate if any can help me out??
Many thanks

NatCam
Member
Posts: 236
Joined: Tue Nov 07, 2017 5:26 am
Georgia

Re: Parents of british citizen and ea national’s Parents in law

Post by NatCam » Sat Jul 20, 2019 5:49 am

Here is the guidance for you: https://assets.publishing.service.gov.u ... s-v7.0.pdf

Your mother and brother must be dependent on your EEA spouse.
The question will arise, why you don't want to sponsor your own relatives under the UK immigration rules, since you are a British citizen.

secret.simon
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Posts: 11014
Joined: Thu Feb 21, 2013 9:29 pm

Re: Parents of british citizen and ea national’s Parents in law

Post by secret.simon » Sat Jul 20, 2019 6:45 am

NatCam wrote:
Sat Jul 20, 2019 5:49 am
The question will arise, why you don't want to sponsor your own relatives under the UK immigration rules, since you are a British citizen.
Because the requirements for sponsoring an Adult Dependent Relative visa under the UK Immigration Rules are so onerous that they are practically impossible to meet.

To apply for an ADR visa, the applicant must prove that
a) The applicant needs assistance carrying out basic personal actions such as bathing and washing, AND
b) that such care is either unavailable or unaffordable in their country of normal residence.

Only about 6% of applications for ADR visas are approved, generally from countries like the US, where the care would be unaffordable.

If the application is made under the EEA regulations, the mother will be treated as a (direct) Family Member, the brother as an Extended Family Member.

The mother may also qualify under the EU Settlement Scheme, but, to the best of my knowledge, there is no provisions for EFMs under the Settlement Scheme.

It is worth keeping in mind that if the brother gets an EFM family permit, he can't sponsor any spouse of his under the EEA regulations or the Settlement Scheme. He will need to wait until he acquires PR/Settled Status and then sponsor the spouse through the UK Immigration Rules.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Adeel_ali
Newly Registered
Posts: 13
Joined: Fri Jul 05, 2019 1:37 am

Re: Parents of british citizen and ea national’s Parents in law

Post by Adeel_ali » Sat Jul 20, 2019 9:48 am

Thank you natcom and secret.simon much appreciated for quick reaponse.

Yes secren.simon is right it’s impossible to get dependent visa under Uk Immigration laws,
Regarding my brother it says on page 8 extended family members guidance that
“From 1 February 2017 the rights of extended family members only applies to relatives of the EEA national and not to relatives of the EEA national’s spouse or civil partner. This means that an extended family member can no longer rely on their relationship to the EEA national’s spouse or civil partner in order to meet the requirements of regulation 8. Instead, they must show that they are related to the EEA national”

So basically my brother cant rely dependency on my wife is that right??
Only my mother can be her dependent according to guidance notes.
Thank you guys

Adeel_ali
Newly Registered
Posts: 13
Joined: Fri Jul 05, 2019 1:37 am

Re: Parents of british citizen and ea national’s Parents in law

Post by Adeel_ali » Thu Jul 25, 2019 11:53 am

Any help would be appreciated
Thank you

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