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Hi everyone,
I am truly puzzled by what I heard from the HO today, and I would like some clarification on the issue please.

I am an EEA citizen with permanent residence card held for 2 years. In 2011 my mother has moved over here to help us with kids etc. She lives with us and contributes nothing to house expenses. She did register herself as a self employed, and she has been working since (5 years and 1 month now), and has paid Class 2 contributions through those 5 years. She only works 3-4 hours a day as a cleaner, sometimes she will get and extra hour here or there (cleaning private houses), so it averages about 25 hours a week/ca £180 weekly. She has never paid any tax because has never exceeded tax free threshold.

She has been thinking about applying for permanent residence. And now, is she eligible to apply on >being self employed> grounds or rather would be easier to apply as a family member of someone who already holds PR (me)?

Rang the HO this morning and one very rude lady has really set me off by saying that my mum would only be able to apply on <being self sufficient> grounds, which is impossible because of no CSI.

Could anyone kindly clarify this matter to me please/
many thanks
Raf

To apply as dependent mom needs to prove dependency on sponsor (you) for her essential daily needs.

To apply as self-employed mom needs to show work is genuine and effective (EU law) and pass UK's MET/PET test (UK law over and above EU law).

noajthan wrote:To apply as dependent mom needs to prove dependency on sponsor (you) for her essential daily needs.

To apply as self-employed mom needs to show work is genuine and effective (EU law) and pass UK's MET/PET test (UK law over and above EU law).

Many thanks for your reply. From what i gather she would probably qualify by earning ca £180 per week(when pushed)... But what does exatcly <genuine and effective> mean?

I was thinking that maybe applying as a family member could be >less painful> as a process. How does she prove dependency on me? By stating that she does not pay rent etc? or is there something more to it? sorry I really can't get my head around it :/

would things be easier if I had British Citizenship? (application still in progress)

Raff113 wrote:

noajthan wrote:To apply as dependent mom needs to prove dependency on sponsor (you) for her essential daily needs.

To apply as self-employed mom needs to show work is genuine and effective (EU law) and pass UK's MET/PET test (UK law over and above EU law).

Many thanks for your reply. From what i gather she would probably qualify by earning ca £180 per week(when pushed)... But what does exatcly <genuine and effective> mean?

I was thinking that maybe applying as a family member could be >less painful> as a process. How does she prove dependency on me? By stating that she does not pay rent etc? or is there something more to it? sorry I really can't get my head around it :/

would things be easier if I had British Citizenship? (application still in progress)

Dig into these vital questions here...

FMs and dependency :
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

QPs and self-employment/genuine work:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Things will get worse if you become British (too early) as you won't be able to sponsor mom as a family member.
If she applies in her own right then it makes no difference whatever your nationality is.

noajthan wrote:

Raff113 wrote:

noajthan wrote:To apply as dependent mom needs to prove dependency on sponsor (you) for her essential daily needs.

To apply as self-employed mom needs to show work is genuine and effective (EU law) and pass UK's MET/PET test (UK law over and above EU law).

Many thanks for your reply. From what i gather she would probably qualify by earning ca £180 per week(when pushed)... But what does exatcly <genuine and effective> mean?

I was thinking that maybe applying as a family member could be >less painful> as a process. How does she prove dependency on me? By stating that she does not pay rent etc? or is there something more to it? sorry I really can't get my head around it :/

would things be easier if I had British Citizenship? (application still in progress)

Dig into these vital questions here...

FMs and dependency :
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

QPs and self-employment/genuine work:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Things will get worse if you become British (too early) as you won't be able to sponsor mom as a family member.
If she applies in her own right then it makes no difference whatever your nationality is.

Many thanks for your reply. So she will have to apply from her own right I suppose. Thanks again.

Raff113 wrote:Many thanks for your reply. So she will have to apply from her own right I suppose. Thanks again.

Yes, if/when you are British.

Final hurdle for worker/self-employed:
https://www.freemovement.org.uk/using-m ... ne-worker/

I know that sounds a bit cheeky but if I become a BC, could my wife (EEA citizen with PR) become her sponsor? Or is it just too obvious?

Raff113 wrote:I know that sounds a bit cheeky but if I become a BC, could my wife (EEA citizen with PR) become her sponsor? Or is it just too obvious?

I believe so - although your wife may wish to naturalise too!

Raff113 wrote:I know that sounds a bit cheeky but if I become a BC, could my wife (EEA citizen with PR) become her sponsor? Or is it just too obvious?

Either spouse may sponsor a parent-in-law; you would have the full power and weight of EU law behind you (for as long as that endures and applies in UK).

My wife wants to naturalise too but she will have to wait I think. We cannot afford to lose our Granny!

The other thing is that she will probably have to find a better paid job to be able to act as a sponsor
Unless they will look on our joint income, not just hers which is just 20k

Raff113 wrote:My wife wants to naturalise too but she will have to wait I think. We cannot afford to lose our Granny!

The other thing is that she will probably have to find a better paid job to be able to act as a sponsor
Unless they will look on our joint income, not just hers which is just 20k

And mom's income may be a concern vis a vis proving dependency for essential daily needs.

noajthan wrote:

Raff113 wrote:My wife wants to naturalise too but she will have to wait I think. We cannot afford to lose our Granny!

The other thing is that she will probably have to find a better paid job to be able to act as a sponsor
Unless they will look on our joint income, not just hers which is just 20k

And mom's income may be a concern vis a vis proving dependency for essential daily needs.

Yes, that's true. I guess my mom is going have to give it a shot as a self employed person then. Thanks again