EEA2 for overstaying mother

[rjvm1028]

Hello all!

First time to ever post a query though have been reading a lot through immigration board forums out of interest and information as well. There have been similar posts regarding our predicament but not exactly fitting (as I appreciate that cases do quite differ in terms of the nitty-gritty) so I decided to post this query.

My beef basically is as follows:

I am a civil partner of an EEA National (Dual Irish/British). I came to the UK in 2007 on student visa and was converted to spouse/partner Leave to Remain (until 2012) in 2010 following my civil partnership (we used the British route instead of EU route for this one).

My mother, on the other hand, came to the UK on a visit visa way back in 2004 and overstayed since (she's approaching 59 years of age).

Would like to know the plausibility of applying for EEA2 Residence Card by virtue of her being a family member of an EEA national in order to "regularise" her status. My mother currently lives with us and could show proof of that through letters that show that we live in the same address. Would that be enough to prove dependency? She has done (and still does) odd cash in hand jobs doing domestic work.

As for other basic requirements to show eligiblity, I do have my civil partnership certificate to hand, my birth certificate and of course our respective passports. My partner does work fulltime (so could prove that he exercises his treaty rights) whist I am still finishing my University degree.

Have read about the McCarthy case as regards bi-nationals and don't know if there has already been a clear ruling on this (kindly direct me if there already is or has been). As for my partner, he was born in Northern Ireland and is Irish by birth (according to Irish Nationality rules) so no issue at all about acquiring Irish citizenship. On the other hand, as Northern Ireland, both being part of the (Island) of Ireland whilst 'formally' part of the UK, I clearly do not know how this would affect the so-called McCarthy issue of not being able to exercise treaty rights due to "non-movement."

Again, I'm new here so kindly be gentle and this case, as complicated as it is at the onset, would greatly appreciate serious and well meaning replies (subject to the senior members' discretion of what should be relevant or not).

Thank you and looking forward to your suggestions.

[fysicus]

My impression is that the chances are slim for your mother to get a Residence Card under the EEA regulations. For that it would be required that she was already dependent on your partner before she came to the UK.
It also doesn't help that your mother entered the UK on a normal visa instead of an EEA Family Permit, and you are not residing here under the EEA regulations either.

[86ti]

For that it would be required that she was already dependent on your partner before she came to the UK.

No, that's not a requirement for direct family members although the UKBA may expect to see a history of dependency.

It also doesn't help that your mother entered the UK on a normal visa instead of an EEA Family Permit,

Shouldn't matter.

and you are not residing here under the EEA regulations either.

The problem may be the dual citizenship. The UKBA may see the case as 'all UK'.

[rjvm1028]

Thanks for the immediate replies and further clarifications by 86ti.

Would getting an EEA4 or any other recourse add bearing to invoke the EEA route for my mother (and the UKBA not viewing the case as "UK only")? Furthermore, my partner used his Irish passport for the certificate approval application as well as it is the same nationality reflected in our civil partnership certificate. Might sound a bit rhetorical given I appreciate 86ti´s last bit of comment quite well. Thanks for replying in any case. Cheers.

[86ti]

I'm afraid nobody here can answer your question. You better ask a competent lawyer.