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Hi All,

To all the Senior members, looking for the best advise please!

I'm looking for a advice/suggestion(s) regarding my parents(NON EU) citizens.

Firstly, I'm married to an EU National in Oct 2011, she is excercising her treaty rights, and by God's grace we are expecting a baby in Aug. For all of you thinking that was a quick one(ha just to let to know we are together for over 2 years) so family planning you know . Jokes, apart. At the time of my wedding my Mum and Dad visited me. My mum and Dad were issued 6 months family visit visa last year which they went back home after 2 weeks.

Now, as my baby is due in August they(my mum & dad) applied for family visit again(visitor visa) and unfortunately British High Commission refused them saying they were deported back in 2002? which is correct they were deported back in 2002.

My question is that they were issued a visitor visa in 2011? despite of there record back in 2002? and today they refused it saying they were deported back in 2002! - bad luck to my mum and dad that there past is still haunting them. However, I find this really amusing that UKBA didn't checked there record back in 2011?

My options - please advise.

What are the chances of successful appeal? They've been given 28 days to appeal. Now my intuition is if they were given a family visit visa last year, surely they should get this time as well, otherwise why would they issue in 2011? or

How can we proceed with EU family permit? My dad is working and my mum is a housewife & we have bank statements for the past 7-8 months of me sending money to them.(However, I will add that they are somewhat dependant on me or my wife). If we do decide to apply for EEA family permit does the deportation thing matter? or will it matter? What's the easiest way to go by.

I appreciate your time in reading this and really looking forward for your replies/suggestions. Also if there are any good lawyers expertise in this deportation/visa case. Please advise.

Ikonkar wrote:
How can we proceed with EU family permit? My dad is working and my mum is a housewife & we have bank statements for the past 7-8 months of me sending money to them

Just because you send money does not mean they are dependant. You seem to be augmenting your father's income. If his income is relative to the cost of living in his location he is not dependant on your remittances.

Lucapooka wrote:

Ikonkar wrote:
How can we proceed with EU family permit? My dad is working and my mum is a housewife & we have bank statements for the past 7-8 months of me sending money to them

Just because you send money does not mean they are dependant. You seem to be augmenting your father's income. If his income is relative to the cost of living in his location he is not dependant on your remittances.

Agreed.... If I prove that they are dependant on me/my wife. Would there deportation matter? I know when applying for EEA residence card incountry your past immigration history doesn't count!

So was just wondering if it will likely to create any problems?

Thanks

The deportation would only matter if the Secretary of State deemed them to be a threat to public safety. Good luck trying to prove they are dependant!

In order to obtain the visa in 2011, they should have shown they are independent and that they should return to their home country. So unless their circumstances have changed dramatically since, it would be difficult to claim they are now dependent on you and your wife.

Jambo wrote:In order to obtain the visa in 2011, they should have shown they are independent and that they should return to their home country. So unless their circumstances have changed dramatically since, it would be difficult to claim they are now dependent on you and your wife.

Hi Jambo,

Many thanks, can you please define a person demed as ''Dependant''. Just wants to know what are the things I need to show.

Appreciate your help.

Thanks

Ikonkar wrote:can you please define a person demed as ''Dependant''. Just wants to know what are the things I need to show.

Possibly, if you consider the scope of their relationship with you now as it currently exists, and then look for the exact opposite to those circumstances.