Retained Rights and Dependant Mother | EEA 2 or EEA4

[immaculatestuff]

Hi Guys

I got divorced after 4 and a half years of marriage, we both spent all this time in the U.K so I am assuming that I have retained my rights.

I am now also eligible to apply for an EEA4 since I have completed 5 years of continued residence.

Just when I was getting divorced my grandfather (mother's dad) abroad passed away, and my mother was now left alone, therefore I went abroad stayed for over two months and brought my mother here on a visitors visa.

Can I, as a family member who has retained his rights of residence, apply for a visa for my mother?

Also, should I apply for it while I am on Retained rights or should I apply for a PR? The 2006 Regulations don't seem to say much about dependants of people with PR.

However, for retained rights Regulation10(6) of the 2006 Immigration (EEA) states:

The condition in this paragraph is that the person—
(a) is not an EEA national but would, if he were an EEA national, be a worker, a selfemployed
person or a self-sufficient person under regulation 6; or
(b) is the family member of a person who falls within paragraph (a).

It appear that it has to be used in conjunction with other paragraphs, some clarity on this issue would be appreciated.

Thanks

[Obie]

Regulation 10(6) is not a right conferring paragraph. It
simply states the condition that people who are covered by any of paragraph 1-5 have to meet to qualify for retention of residence.

Even if you mother was issued a residence card under the regulations, it is difficult to see how she would have qualified for Retention of residence on the basis of her relationship with you.

I hate to say this, but your mum dont qualify for EEA2 or EEA4.

She would have qualified if you were still married.

Only direct descendamt of the EEA national or his/her spouse qualifies.

If you succeed in getting ROR and PR, then subject to meeting the condition under the Immigration rules she may qualify. However the application has to be made from overseas.

[immaculatestuff]

Regulation 10(6) is not a right conferring paragraph. It
simply states the condition that people who are covered by any of paragraph 1-5 have to meet to qualify for retention of residence.

Even if you mother was issued a residence card under the regulations, it is difficult to see how she would have qualified for Retention of residence on the basis of her relationship with you.

I hate to say this, but your mum dont qualify for EEA2 or EEA4.

She would have qualified if you were still married.

Only direct descendamt of the EEA national or his/her spouse qualifies.

If you succeed in getting ROR and PR, then subject to meeting the condition under the Immigration rules she may qualify. However the application has to be made from overseas.

Hi there

Thank you for your reply, its a shame that I did not apply for her visa back then but at that point I was too occupied with relationship matters and my grandfather was looking after her.

If I were to get my PR, would you know what requirements will need to met for her visa? I believe that would not be under EEA regulations anymore and local UK Immigration law would apply.

In practice she cannot stay on her own abroad and her visit visa is a 5 year multiple visit with only 180 days stay allowed at any one time. If I cannot apply for her as a dependant at this stage, I will need to go back with her for a month or two before I can return to the U.K with her again, I cannot carry on doing that for long as I have work commitments.

Is there any other way I can try to apply for as my dependant? Family Re-union etc.

Many thanks