Immigrationboards.com

Dear all

Hope you’re well, many thanks for your help during my husband’s spousal visa application. I have another matter id like assistance with please.

I have a maternal aunt that lives in an EU country but hasn’t applied for a residency card as of yet but has lived there for approx 5 years

She is a Pakistani citizen

She would like to migrate to the UK with her two daughters (one younger than 18, one over 18)

Is this possible to do if her sister (my mum) made an application for her to join here? And if yes, what is required?

Please can you advise?

Apologies this is a little vague however this is purely a scoping exercise at the moment. I also understand the implications of Brexit but am not fully aware of its restrictions and changes

Thanks

What nationality is your mum?

What is your aunt's legal status in the EU country and which country is she in?

How did she enter the EU country? is she an illegal immigrant with no status?

CR001 wrote: ↑

Sat May 30, 2020 10:00 pm

What nationality is your mum?

What is your aunt's legal status in the EU country and which country is she in?

How did she enter the EU country? is she an illegal immigrant with no status?

Hi CR001

My mum’s a British citizen

My aunt’s husband immigrated to Italy as a dependent (I believe) and so he was able to invite my aunt and his children too

No she isn’t illegal within the country

Currently in Italy

Apologies my terminology may not be correct

My mum’s a British citizen

Presumably your mum lives in the UK.

She cannot sponsor family under the EU rules. She is not considered an EU citizen exercising treaty rights if she lives in the country of which she is a citizen.

CR001 wrote: ↑

Sat May 30, 2020 10:13 pm

My mum’s a British citizen

Presumably your mum lives in the UK.

She cannot sponsor family under the EU rules. She is not considered an EU citizen exercising treaty rights if she lives in the country of which she is a citizen.

Ah I understand. I was confused as I’d heard many people use the term ‘blood relative’ so does the same apply to this too? This is where my confusion arose from.

And yes correct - we’re both in the UK

CR001 wrote: ↑

Sat May 30, 2020 10:13 pm

My mum’s a British citizen

Presumably your mum lives in the UK.

She cannot sponsor family under the EU rules. She is not considered an EU citizen exercising treaty rights if she lives in the country of which she is a citizen.

Is there a route to visit as a visitor and then apply to remain?

A person who is only British, cannot sponsor any family, blood relative or relative by marriage, under the EU rules or the EU settlement scheme.

The EU rules and EU settlement scheme etc only applies to EU (non British) citizens or EU citizens who are dual EU and British citizens and their non EU family.

Anyone your mum wishes to sponsor has to be under the UK immigration rules and unfortunately there is no visa your aunt would qualify for through or based on your mum being British and living in the UK.

ms1993 wrote: ↑

Sat May 30, 2020 10:21 pm

CR001 wrote: ↑

Sat May 30, 2020 10:13 pm

My mum’s a British citizen

Presumably your mum lives in the UK.

She cannot sponsor family under the EU rules. She is not considered an EU citizen exercising treaty rights if she lives in the country of which she is a citizen.

Is there a route to visit as a visitor and then apply to remain?

No. You cannot switch from a visitor visa to another visa while in the UK as visitor. There is no visa your aunt would qualify for based on what you have described and even if you tried this, it will be refused and all fees paid lost and will likely shut the door to any future visitor visas.

Thank you as always CR001

We haven’t tried this - simply just scoping

Many thanks and I’m sure I’ll be back again when my husband’s visa is due for renewal

Apart from becoming an illegal, there is no way to stay with a visitor visa. If she has a status where she is, it's better for her to keep going down that route.