Immigrationboards.com

Hi Guys!
I am just curious whether, non-EEA who have acquired PR can sponser her mother via family permit. The mother is financialy dependend on both of us (EEA and non-EEA). The problem is all remittance receipts are on my (non-eea family memeber's) name. Please advice?

Yes, he can as long as he is still exercising the treaty right and his mother is financially dependent on him or she was part of his household before he moved to the UK

read the guideline for OFM applications

The receipts being on his name is fine

I hope this helps

M

For an EEA Family Permit you do need to be a family member of an EEA national exercising treaty rights in the UK. A non-EEA national cannot take the role of sponsor whatever status he/she has acquired already.

That the remittance receipts only show the name of the non-EEA partner may need some extra clarification but should not really be a problem.

So the mother should claim her rights on the basis of being the mother-in-law of an EEA national and being financially dependent on both of you as a couple.

fysicus, I would challenge your response merely because of my own experience. you can certainly sponsor a dependent once you acquire PR and exercising the treaty rights.

Think of people who are divorced or gained the PR after retaining the right of residence.

I would welcome any evidence that says otherwise.

Thanks

M

In fact, Directive 2004/38 says very little about the meaning of PR and which additional rights you would get from it.

And in particular it gives no indication that family members of a non-EEA PR-holder would have a right of residence (perhaps under certain circumstances), without reference to an EEA national exercising treaty rights. So despite your own experience (of which you give no details), there is no basis in the law for an enforcible right of residence as discussed in this thread.

Unless you prove me wrong with a direct quote from the EU directive, I'm not going to change my mind on this point.

Now I am planning to send money via my EEA wife to my mother from this month. I am just wondering how many months/period of remittance do UKBA normally consider as financially dependent?

Please note that my wife is still exercising treaty right and she has got her PR this month.

For an EEA Family Permit you do need to be a family member of an EEA national exercising treaty rights in the UK. A non-EEA national cannot take the role of sponsor whatever status he/she has acquired already.

That the remittance receipts only show the name of the non-EEA partner may need some extra clarification but should not really be a problem.

So the mother should claim her rights on the basis of being the mother-in-law of an EEA national and being financially dependent on both of you as a couple.

Is she otherwise indigent without this money? Given that you intend to start this now I wonder how she has supported herself up to this time?

Is she otherwise indigent without this money? Given that you intend to start this now I wonder how she has supported herself up to this time?

Thats where I am stuck. All previous remittance are on my name. My mother is alone there and I cannot leave her alone. In addition my wife is expecting and we would need her in that particular time.

Don't worry too much.

Apply for EEA Family Permit straight away; just explain that you and your wife have joint finances but that the remittances to your mother only show your name for practical reasons, without going into detail about that.

You will of course need copies of your birthcertificate and your marriage certificate to prove the family connection between your mother and your wife.

Thanks fysicus!