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Non eu family member ( mother 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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Raj238
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Non eu family member ( mother in law )

Post by Raj238 » Sun Feb 21, 2021 8:20 pm

Hi,

Please somebody help me,

I am Spanish nationals and my wife Indian nationals. My mother in law ( wife mother ) have already 10 year visitor visa on the passport and she is here now.
Can I make a application as EU Settlement Scheme (settled and pre-settled status) before 30 June 2021 or she need family permit from india.

Thank you

kamoe
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Re: Non eu family member ( mother in law )

Post by kamoe » Sun Feb 21, 2021 8:47 pm

When was her visitor visa issued? See this post: eea-route-applications/euss-for-mother- ... l#p1990607
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.

Raj238
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Re: Non eu family member ( mother in law )

Post by Raj238 » Sun Feb 21, 2021 9:24 pm

Hi,

Family visit Visa issued on 04/2016

Thank you

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Zerubbabel
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Re: Non eu family member ( mother in law )

Post by Zerubbabel » Sun Feb 21, 2021 9:36 pm

Hello

Reading this:
https://assets.publishing.service.gov.u ... 9.0ext.pdf

Page 69.

It appears that your mother in law received a visa under Appendix V.

According to the guidance she cannot apply from the UK.

Raj238
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Re: Non eu family member ( mother in law )

Post by Raj238 » Sun Feb 21, 2021 9:49 pm

Thanks for the reply.

In 2016 I was not a sponsor to my mother in law. Sponsor was a British person other family member to my mother in law.

kamoe
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Re: Non eu family member ( mother in law )

Post by kamoe » Mon Feb 22, 2021 9:26 am

Zerubbabel wrote:
Sun Feb 21, 2021 9:36 pm
Hello

Reading this:
https://assets.publishing.service.gov.u ... 9.0ext.pdf

Page 69.

It appears that your mother in law received a visa under Appendix V.

According to the guidance she cannot apply from the UK.
This makes me think that I might have misinterpreted this line:
a person granted leave under paragraphs 40-56Z, 75A-M or 82-87 of the rules in force before 24 April 2015 or Appendix V on or after 24 April 2015 or Appendix V: Visitor after 9am on 1 December 2020, unless:
I was reading this as meaning people on visitor's visas issued before 9am on 1 December 2020 are able to apply. But now that you say the above, I now read this as meaning, people on visitors visas issued before 24 April 2015 are able to apply.

There are two proposed final dates, but in reality it all means the visitor visa needs to be prior April 24 2015, the two dates are only there because the name of the appendix changed from "Appendix V" to 'Appendix V: Visitor". Does that make sense?

If so, you are correct and the OPs mother in law cannot apply. Other members who havre reported being successful on visitors' visas have likely had visitor visas issued before 2015.
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.

Raj238
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Re: Non eu family member ( mother in law )

Post by Raj238 » Mon Feb 22, 2021 6:04 pm

Hi,

Mother in law has been in the uk two times on 10/2009 and 08/2013 six month family visit visa from india. I (Spanish) was not sponsor to her that time, other family person( British) has sponsor to her.
Now she have 10 years visitor visa from 2016 sponsor by British person family member.

Can she apply now eu family permit from india.

Thank you.

kamoe
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Re: Non eu family member ( mother in law )

Post by kamoe » Mon Feb 22, 2021 6:11 pm

Raj238 wrote:
Mon Feb 22, 2021 6:04 pm
Mother in law has been in the uk two times on 10/2009 and 08/2013 six month family visit visa from india. I (Spanish) was not sponsor to her that time, other family person( British) has sponsor to her.
Now she have 10 years visitor visa from 2016 sponsor by British person family member.
This is irrelevant.
Can she apply now eu family permit from india.
You have already received the answers to your question: No, she cannot, since she's on a visitor visa issued before 25th April 2015.
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: Non eu family member ( mother in law )

Post by kamoe » Mon Feb 22, 2021 6:48 pm

*In above post I meant: "No, she cannot, since she's on a visitor visa issued after 25th April 2015."

Thanks @Zerubbabel for spotting the error. :)
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.

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Zerubbabel
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Re: Non eu family member ( mother in law )

Post by Zerubbabel » Mon Feb 22, 2021 7:00 pm

You are welcome @kamoe

And I don't know why mentions are no longer working for us.

kamoe
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Re: Non eu family member ( mother in law )

Post by kamoe » Sun Feb 28, 2021 6:45 pm

Raj238 wrote:
Sun Feb 21, 2021 8:20 pm
My mother in law ( wife mother ) have already 10 year visitor visa on the passport and she is here now.
Actually, I just spotted something that might change this answer. The restriction to apply on visitors visas only aplies to "Joining family members": people arriving in the UK after December 31st 2020.

So, when did your mother in law arrive in the UK?

If she arrived before December 31st 2020, she can apply directly.
If she arrived after December 31st 2020, she needs to apply for a EUSS FP from abroad.
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.

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