Immigrationboards.com

Hi

This is complicated but I'll make sure to be brief.

1. I'm a dual British/EEA national (Lounes, I've got both settled status and BC and can prove exercising EU TR as a worker throughout my presence in the UK)

2. In 2018 my Nan was diagnosed eith Alzheimer's. She has no other family. She lives in my home country.

3. In 2019 I helped her sell her flat and move into a private care home. I used to pay for her carers but this wasn't enough anymore. She was not only suffering from Alzheimer's but also physically frail. My husband at the time was opposed to her coming to live with us so that was the next best option as the wait for state care is very long in Poland.

4. I deal with all her financial issues, the care home is partially paid for what would be my inheritance after the death of my grandfather and her husband.

5. The bank account payments go from is in her name but I do it all as she can't even dial a number on the telephone, nevermind do any telephone banking. She is completely dependant on me in the sense that I organise her life. The online banking is in my name. I have a lasting power of attorney and can get confirmation that my Nan is absolutely unable to function alone and dependant on me as her only family member.

6. Have I got any chance of bringing her to the UK under the EEA dependant direct relative line or have I messed things up by not bringing her over before December 2020?

7. Thank you in advance. No hate please. My marriage was an abusive one, my husband is now my ex.

strixy123 wrote: ↑

Wed Apr 06, 2022 5:19 pm

Have I got any chance of bringing her to the UK under the EEA dependant direct relative line or have I messed things up by not bringing her over before December 2020?

Yes, she can apply as dependent grandparent. You need to supply:

1. Proof of the family relationship, in this case your birth certificate, and your relevant parent's birth certificate, to prove she is one of your parent's parent.

2. Proof of dependency, in this case; documentation that prove that you have managed her expenses and care as you describe.

Parents, grand parents, and great grandparents do not need to have been in the December 30th 2020, that restriction only applies to to other dependent relatives. Check what it says here:

Who has a later deadline to apply
For some people, the deadline of 30 June 2021 does not apply. This is true if you’re one of the following:

the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living here by 31 December 2020, and you join them in the UK on or after 1 April 2021

An in specific for dependent parents and grandparents: https://www.gov.uk/guidance/eu-settleme ... eu-citizen

If you’re their dependent parent, grandparent or great-grandparent

You’ll only need to provide this evidence if you don’t have a relevant document issued to you on the basis that you’re the dependent parent, grandparent or great-grandparent of an EEA or Swiss citizen or person of Northern Ireland (or of their spouse or civil partner).

A relevant document here includes:

a family permit
a residence card
If you’re the dependent parent, grandparent or great-grandparent of a person of Northern Ireland, you’re unlikely to have a relevant document.

If you do not have a relevant document, you must provide evidence of your relationship. Accepted forms of evidence include:

full birth certificate
other documents which satisfy the caseworker that you are the direct descendant of the EEA or Swiss citizen or person of Northern Ireland (or of their spouse or civil partner)

The page is badly edited and the relevant title is not in bold. This almost misled me into thinking they were not eligible, but they are.

Lastly, I believe she needs to apply via the Lounes paper route.

That's really helpful, thank you.

One last thing and I'm sorry if it's too much to ask about on this forum: I've checked gov.uk and it only says that family members arriving after April 2021 have 3 months from arrival to apply. It doesn't say anything about which route they should take to get to the UK.

So I'm not sure whether people in my Nan's situation can arrive on a tourist visa or have to apply for EU SS family permit from abroad? In my Nan's case, it could be easily arranged to keep the space at the care home for 6 months in case she has to go back and it would be easier to apply from the UK for practical reasons.

Thank you in advance.

strixy123 wrote: ↑

Sat Apr 09, 2022 12:03 pm

So I'm not sure whether people in my Nan's situation can arrive on a tourist visa or have to apply for EU SS family permit from abroad?

She can do either.

There used to be a requirement that the applicant could not be in the UK on a tourist visa to apply, but this condition was removed in 2021. Read the section "Not in the UK as a visitor" (https://assets.publishing.service.gov.u ... embers.pdf, page 101)

Not in the UK as a visitor
Where the application is made within the UK and was decided before 6 October 2021 (the date that relevant changes to Appendix EU made in Statement of Changes in Immigration Rules: HC 617 came into effect), then, to meet the eligibility requirements for indefinite leave to remain (under rule EU11A) or limited leave to remain (under rule EU14A) as a joining family member of a relevant sponsor, the applicant must not have been in the UK at the date of application as a ‘visitor’, in accordance with the relevant definition then in Annex 1 to Appendix EU.

This meant that, subject to limited exceptions, the applicant must not have been granted leave under paragraphs 40-56Z, 75A-M or 82-87 of the Immigration 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, and was not a person to whom article 4 or 6 of the Immigration (Control of Entry through Republic of Ireland) Order 1972 applied.

For applications decided from 6 October 2021, the requirement not to be in the UK as a visitor was removed from Appendix EU (by virtue of the changes made in Statement of Changes in Immigration Rules: HC 617). This means that applicants are no longer required not to be in the UK as a visitor to qualify for leave under Appendix EU as a joining family member of a relevant sponsor.