Dependent of NON EEA Dependent - URGENT HELP PLEASE!!

[nady4m8s]

Hi

I am in Uk from last almost 3 years with EEA family permit, my father has portuguese nationality and me indian. so as a dependent of him i got visa to uk. i am 25 years old and i recently got married in india my Husband is aslo indian, and he lives in india . now problem is that, i want to bring him here to uk, but i dont know which visa he should apply for, i mate some of solicitor they says that with my current status as a dependent visa(EEA family permit) i can sponsor my husband for bringing him here in uk. but some solicitor says that i can not sponsor anyone untill i get ILR( permenant residence), which i dont have at the moment.
can anyone please help me out from this. i dont undersatand whome to belive, i am really upset.. someone help me please please please!!!

Thanks

Nadia.

[sakura]

Hi

I am in Uk from last almost 3 years with EEA family permit, my father has portuguese nationality and me indian. so as a dependent of him i got visa to uk. i am 25 years old and i recently got married in india my Husband is aslo indian, and he lives in india . now problem is that, i want to bring him here to uk, but i dont know which visa he should apply for, i mate some of solicitor they says that with my current status as a dependent visa(EEA family permit) i can sponsor my husband for bringing him here in uk. but some solicitor says that i can not sponsor anyone untill i get ILR( permenant residence), which i dont have at the moment.
can anyone please help me out from this. i dont undersatand whome to belive, i am really upset.. someone help me please please please!!!

Thanks

Nadia.

Can a dependent have a dependent? How long have you been in the UK or on the EEA permit for? Why are you not a Portuguese citizen, if you farther is? Or was it through marriage?

I do not think your application is possible. Too long winded and there is nothing in the BIA policy that allow for such a provision. We have had other people ask but it's not possible.

[nady4m8s]

Thanks Sakura
i am in london from last 3 years with status EEA Family member, and i dont have proguese, i have applied for that but it takes very long process, almost 4 years has been passed but i havent got any response from portugal consulate,they even dont reply my enquiries.
well, can you suggest any other idea about sponcering my Husband..? my both parents are portuguese, can one one of them sponcer him..? like as an extended family member..?? any other idea please let me know..

thanks

Nadia

[nady4m8s]

Can anyone reply me please!!!..

i meet one solicitor today he told me to apply Non-Settlement spouse visa, and he told me that my husbaand will get visa upto what i have got then after we both as well as my parents have to send passort to home office for FLR. i dont if it is possible in my case or not. it seems like he wanted me my Husband to apply similar visa as the Dependent of HSMP applies..

[avjones]

Hi - it's likely (but depends on your precise circumstances) that you can't sponsor your husband at the moment. Have a look on the AIT's website for a case called AP and FP (India) [2007] UKAIT 00048.

"The appellants are citizens of India and are sisters. They are married to brothers, who are also citizens of India, but who live with their father in the United Kingdom. The father, whom we shall call “the sponsorâ€

[John]

Amanda, very helpful post, but obviously not good news for the OP. A useful confirmation of the fact that a dependant of a dependant cannot get an EEA Family Permit under EEA legislation.

It seems to me that the OP will need to wait until they get their PR, after 5 years in the UK. Only then could they sponsor their spouse to join them in the UK.

[nady4m8s]

Thanks Amanda For replying..

So it mean there is no chance that my father can sponcer my husand..

well what do you think about second option which i have written here, as a dependent on a person on long-stay category ..? or as dependent on a person on limted leave to remain. i mean this case i will act as 'sponsor'

is this possible..?

[jes2jes]

Thanks Amanda For replying..

So it mean there is no chance that my father can sponcer my husand..

well what do you think about second option which i have written here, as a dependent on a person on long-stay category ..? or as dependent on a person on limted leave to remain. i mean this case i will act as 'sponsor'

is this possible..?

No. The only option you have is to wait till you have 5 year residency and obtained PR excercising Treaty Rights as John rightly pointed out:

It seems to me that the OP will need to wait until they get their PR, after 5 years in the UK. Only then could they sponsor their spouse to join them in the UK.

I guess your husband can come over on a visitor's visa for a short stay but bear in mind that, the burden of proof of returnabilty would be great looking at your current circumstances.

Try and visit him as often as you can or meet in a third country for that matter but remember, 2-years would just come in a flash although I do not wish spouses to be separated for long but this is the situation you find yourself in.

Why not your parents invite him over to Portugal which is closer?

[nady4m8s]

Thanks Jes2jes

My parents are here in london. and even if they go to portugal then aslos they cant sponsor anyone. not even to their own son. law for EEA Family in UK is not same in Portugal.

well Do You think My husaband can get Visitor visa..? How long its valid for..?

[John]

Whether your husband would get a visitor visa is problematic. The point is that there needs to be a "reason to return" and with his wife living in the UK it is going to be difficult (but not impossible) to show that.

How long to go until you get to the 5th anniversary of your arrival date on the UK?

[jes2jes]

Thanks Jes2jes

My parents are here in london. and even if they go to portugal then aslos they cant sponsor anyone. not even to their own son. law for EEA Family in UK is not same in Portugal.

well Do You think My husaband can get Visitor visa..? How long its valid for..?

I never mentioned sponsorship on the EEA Route. I was thinking of a visitor's visa to Portugal since your parents are citizens but being resident in London is another thing. The best is to apply for a VV to the UK but do not forget my earlier post and also John's subsequent posting.

[avjones]

Amanda, very helpful post, but obviously not good news for the OP. A useful confirmation of the fact that a dependant of a dependant cannot get an EEA Family Permit under EEA legislation.

It seems to me that the OP will need to wait until they get their PR, after 5 years in the UK. Only then could they sponsor their spouse to join them in the UK.

That's the way it looks to me.

[avjones]

Thanks Amanda For replying..

So it mean there is no chance that my father can sponcer my husand..

well what do you think about second option which i have written here, as a dependent on a person on long-stay category ..? or as dependent on a person on limted leave to remain. i mean this case i will act as 'sponsor'

is this possible..?

I don't think you can act as a sponsor. You don't have independent rights to remain here, your rights derive from the EU citizen.

Your husband can apply for a visit visa, but expect the ECO to be very sceptical about his intention to return home.

[nady4m8s]

Hi amanda

would you mind sending me link for this article...AIT's website for a case called AP and FP (India) [2007] UKAIT 00048.

i try to search for this but i could not find this..
i will be very happy if you could help me once again..

thanks

[avjones]

Hi - go to http://www.ait.gov.uk/

click on "case law" (6th tab from the left)

click on "Search IAT/AIT Reported Determinations"

click on "Most recent determinations"

it's there, currently 9th on the list

[ball1333]

Any chance the husband would qualify on his own for an HSMP visa? Just a thought.

[John]

Avjones has kindly provided a link above to the case, but because this topic might be read at any time in the future, when the case is not 9th on the recent list, you can download details of the case by clicking here.

Whilst not what some people would like to read, I think this judgement is an important confirmation in this area of immigration law.

ball1333 asks above whether the husband would qualify for HSMP, to which I add .... or any possibility of him getting a Work Permit?

nady4m8s, what skills and educational background does your husband possess?

[nady4m8s]

Hi thanks to Everyone

it really great support from you people..
well i guess my husband can not be qualified on HSMP or work permit. he has jst done Diploma In Computer Engineering. He dont have any degree or related good work Experience...