Application for non eu mother join us in uk

[Kamilk]

Hi
Quick overview of my case :I'm am an indian citizen currently living in uk on eu pre-settled status and my wife is hungarian citizen and also has pre settled status.my parents lives in india my father passed away last year (in india) and now my mother is alone and now I want my mother to bring here to live with us ( I've one sister currently she is on student visa and also lives with me) the questions that I have are as follows:
1. Is it possible to apply for my mother under eu family permit?
2.she is currently government officer and not financially dependent but still we sending her money every month from my wife's bank account from last 3 months
Is this problem ? Is she must be financially dependent on us?
3.what documents do we need ?
4.how and where do I apply?
Please help me.
Even before your reply I would like to thank you and any of help/advice will be much appreciated.
Thank you once again .

[JB007]

2.she is currently government officer and not financially dependent but still we sending her money every month from my wife's bank account from last 3 months
Is this problem ? Is she must be financially dependent on us?

Dependency is no longer assumed. How will she meet this requirement?

‘dependent’ means here that:
(a) having regard to their financial and social conditions, or health, the applicant cannot, or (as the case may be) for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner; and
(b) such support is, or (as the case may be) was, being provided to the applicant by the relevant EEA citizen (or, as the case may be, by the qualifying British citizen or by the relevant sponsor) or by their spouse or civil partner;

https://www.gov.uk/guidance/immigration ... ppendix-eu

[JB007]

Quick overview of my case :I'm am an indian citizen currently living in uk on eu pre-settled status and my wife is hungarian citizen and also has pre settled status.my parents lives in india my father passed away last year (in india) and now my mother is alone and now I want my mother to bring here to live with us ( I've one sister currently she is on student visa and also lives with me) the questions that I have are as follows:

Another option to have your mother live with you (apart from you returning to India) is for your EEA citizen wife to move to another EEA country with you under free movement, but you will need to look at the EEA regulations to ensure your mother meets the Family Member requirements.

[Kamilk]

Hi
First of all Thank you very much for your advice. Me and my wife are both at very good position at our job and we really work hard for it so it's really difficult to leave this country .do you this normal visited visa would be good idea ?and also do you think so immigration officers will ask her more questions after certain number of visits ? Once again really appreciate your help.

[kamoe]

do you this normal visited visa would be good idea ?

If her intention is to come and live in the UK, no, this is not a good idea.

and also do you think so immigration officers will ask her more questions after certain number of visits ?

Yes. If it is evident that she is living in the UK and going abroad by small periods of time instead of the other way around, yes, this will be picked up and she will be questioned, and her visa scutinized.

[Ticktack]

Hi
First of all Thank you very much for your advice. Me and my wife are both at very good position at our job and we really work hard for it so it's really difficult to leave this country .do you this normal visited visa would be good idea ?and also do you think so immigration officers will ask her more questions after certain number of visits ? Once again really appreciate your help.

Firstly, EU entitlements here in the UK has ended.

Secondly, immigration 101 would be to spot the under the radar residents in the UK. Travelling outside the UK for short periods. Spending 4 months in UK, travel out for 1 month (repeat, repeat).
She could get her visa cancelled and she gets a ban from coming to the UK for 10 years.

Thirdly, even UK citizens don't get this option.

Fourthly, as already advised by Kamoe, if you want your mum with you by all means. You have to choose between leaving the UK, and moving to a place that allows non-EU families re-unification. Or stay here and abide by the rules of difficult (20%-25% don't quote me on this ) adult dependant visa issuance.

[Kamilk]

Hi thank you for your response.let me clear I'm only going bring my mother for only 4-5 month a year and also isn't visitor means to visit someone? So if my mother come here stay with me as if she's visiting and go back .As you said even uk citizens don't have options to bring their parents here on this home office should really introduce some new scheme so that old age or widower parent can come and visit their kids without any trouble. Well thank you for your help. You don't know how much your knowledge help me .thank you once again.

[kamoe]

I want my mother to bring here to live with us

Either she comes and live with you or she comes to visit. Which one is it? (Not really a question you need to answer here, is more a question for you. What is it that you want to do here?)

As the previous poster said, it's nearly impossible to bring parents to live permanently in the UK, and this has been made very much on purpose by the Home Office. Sadly I don't think that's going to change any time soon (And you would be very naive if you think you are the first person to have the idea that the policy needs to change!)

I'm only going bring my mother for only 4-5 month a year and also isn't visitor means to visit someone?

"Only 4-5 months a year" is hardly an ordinary definition of a visit.

She can in theory come for up to 6 months at a time, but that is an absolute maximum, and as I said, she'll be scrutinized if it's apparent that she has a pattern of repeated visits over a short period of time. The onus is on you to prove that she won't establish her main residence in the UK.

[secret.simon]

isn't visitor means to visit someone?...
As you said even uk citizens don't have options to bring their parents here on this home office should really introduce some new scheme so that old age or widower parent can come and visit their kids without any trouble.

I think there is a cultural difference behind the meaning of the word "visit". In the UK, a family visit/gathering would last a week, at most two. Think Christmas or a wedding, or a christening/baptism, etc. In other cultures, a visit can effectively mean staying with somebody for months at a time.

One of the other moderators had mentioned in a post how in her husband's culture, people could just drop in and it was considered rude to ask why they were visiting till at least the third day. That would not fly in the UK.

UK family visits are short and sweet, a couple of weeks or months at most, and then they move on. So long as the parents do that, they can apply for a visit visa in the usual way.

The problem arises when they attempt to stay (as opposed to visit) for long periods of time. I had written elsewhere about how UK people see visits.

Either she comes and live with you or she comes to visit. Which one is it? (Not really a question you need to answer here, is more a question for you. What is it that you want to do here?)

The point that @kamoe is making is that if you make an application for a residence visa for your mother, either the Adult Dependent Resident visa, or a dependent parent visa under Appendix EU, she is essentially declaring a wish to reside long term in the UK, not to merely visit and if that visa application fails, she will effectively never get a visit visa either, because she has declared on an earlier application that she does not intend to visit, but to reside in the UK, which is forbidden under the visitor rules.

stay here and abide by the rules of difficult (20%-25% don't quote me on this ) adult dependant visa issuance.

It's actually much lower, @Ticktack. I had gone through the Home Office annual reports a few years ago. The rate of refusal for ADRs before appeals is 94% (so only a 6% approval rate), and even after further expensive appeals, the success rate only went up a further 16%. So even after appeals, the failure rate is ~80% or 4 out of every 5 applications.

The applications that are most likely to succeed are where the applicant can show that day-to-day care is either unaffordable or unavailable in their home country. That rules out most of the Sub-continent, where care is both generally available and cheaper than the UK. Applicants from countries like the US are more likely to succeed as care there is generally or more expensive than the UK.