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is my mother in-law a EEA family member?

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jochen1974
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Joined: Tue Aug 28, 2012 3:46 pm

is my mother in-law a EEA family member?

Post by jochen1974 » Tue Aug 28, 2012 3:59 pm

I'm a dual citizen of Germany and the USA.
My wife is a Colombian citizen and we life together in the U.S.

We want to take a trip to Germany and we would like my mother in-law to join us on that trip. She lives in Colombia.

We were about to apply for a "regular tourist" Schengen visa and we were getting a little worried if they are going to approve it because of her circumstances ... little ties to her Country.
Now I read something about family members of EEA citizens and I'm wondering if she is actually entitled to get the visa and we won't have to prove anything?

My interpretation is that she could be considered a family member of a EEA citizen if she is dependant on us. We do support her financially somewhat so I guess that could be argued?
Family members are:
•Spouse/partner
•The direct descendants (children) who are under the age og 21 or are dependants, and those of the spouse or partner.
•The dependant direct relatives in the ascending line (e.g. parents) and those of the spouse or partner
Can she apply for a Schengen Visa as a family member, get the Visa free of charge etc?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Tue Aug 28, 2012 9:46 pm

Is she dependent on you?

If yes, 2004/38/EC applies, if no, then no.

jochen1974
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Posts: 2
Joined: Tue Aug 28, 2012 3:46 pm

Post by jochen1974 » Wed Aug 29, 2012 2:19 pm

I guess the question is, what is the definition of dependent?

We do support her financially to help her with her living expenses but I assume that's not enough to call her being dependent. She does not live with us, nor is she is a wheelchair needing assistance or anyting like that.

EUsmileWEallsmile
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Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Wed Aug 29, 2012 11:17 pm

jochen1974 wrote:I guess the question is, what is the definition of dependent?

We do support her financially to help her with her living expenses but I assume that's not enough to call her being dependent. She does not live with us, nor is she is a wheelchair needing assistance or anyting like that.
this might shed some light on your questions

http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF

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