Mother as Non EEA additional family member on Form EEA4

[dpap2009]

Hi All,

Hopefully someone can help – I am Kenyan and married to an EEA National from Dec 2004. (We were in a relationship previous to 2004 for 3 years and in all this time he was still exercising his treaty rights)

I have previously been awarded LTL from the Feb 2005 to Sep 2009 (4 years and 8 mths) - I am looking to apply for PR using the EEA form.

Hopefully, you can assist with my two questions:

1) Applying for PLR on form EEA 4 - Does it matter that it is slightly less than 5 years since my LTR was granted. Am I correctly taking into account the years we were living together (before marriage) in getting to the required 5 years?
2) In the EEA 4 - Section 2; Can I include my mother as my additional Non EEA family member. She is 64 years and I support her fully. For the past two years she has come to visit us 3 times (to help my sister raise her 2 year old son) as her visa limits her to 6 months in each visit. She is currently in the UK. Although my sister is a PR, she currently does not work and as such cannot prove sufficient funds to support our Mother. I on the other hand can prove that and also have evidence to show support while she is in Kenya. (Receipts of money I have remitted)

Could you please advise if the above is possible, and if not, what other options I have open to me.

Thank you in advance,

[Mr Rusty]

1) I'm not sure about the period prior to your marriage. However, I think you could certainly claim from the date of your marriage rather than the date Residence was granted.

2) Family members include dependants "in the ascending line", so as long as you can show that your mother is wholly dependent on you, she should qualify.