Confused about which EEA form to use?

[Vin182]

Hi all,

I am hoping someone can please help me!

I became a British Citizen a few years ago.

My mum is trying to apply for anything and everything that can help her stay here. She has now received a registration certificate and the very nice caseworker at the HO advised she should try and apply for something stating she is dependent on me etc etc. However, this was done over the phone so my mum does not know what form it is or anything.

I have tried looking at EEA (PR) and EEA (FM) but I can't work out which one I should use... I also get confused about certain things eg Surinder Singh as I am a BC but it asks what I was doing in another EEA country - I was born and raised here so I have never worked etc in another country.

I may try and call the HO tomorrow but sometimes they can also be a bit unclear so would greatly appreciate thoughts/suggestions.

Thank you

[Casa]

Be cautious about taking advice from the HO 'help line' as this is outsourced to an agency with staff with very limited (and often flawed) knowledge of the Immigration Rules, even on the simplest of immigration issues. Call them 10 times and you're likely to be given 10 different answers!

If you had lived (and exercised your Treaty right) in another EU state, you would be able to sponsor your mother under the EE Regulations (Surinder Singh route) having returned to re-settle here together.

However, as a British citizen your mother can only apply as an Adult Dependent Relative under much stricter UK Immigration Rules. Very few applications under this category have been successful since the Rules were tightened in July 2012, and most of these only after a lengthy and expensive appeal through the Court.

Note the following:
3. Under the new ADR rules, an applicant must show that, as a result of age,
illness or disability, they require long-term personal care to perform everyday tasks
and that this can only be provided in the UK by their relative here. The route is
limited to close family members aged 18 or over: a parent, grandparent, son,
daughter, brother or sister, and to applications from overseas. Those who meet the
new requirements continue to be granted immediate settlement (Indefinite Leave to
Enter) if their sponsor is a British citizen or settled here, subject to the five-year
undertaking by the sponsor that they will maintain and accommodate (and, under the
new rules, care for) their relative without access to public funds.

You would need to prove that not only is the daily care not available in their home country, but is unaffordable.

https://www.gov.uk/government/uploads/s ... review.pdf