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EU Family Permit for Sister's Visit?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Fifa-1
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EU Family Permit for Sister's Visit?

Post by Fifa-1 » Sat Feb 23, 2013 9:05 am

Hi,
I would like to sponsor my visa country citizen sister to visit me in the UK for some months. I am a EU national living and working in the UK. I don't know whether the EU Family Permit only applies to those seeking residence in the UK and who need to prove they're dependent on their EU relative, (which isn't what we're looking for) or short, tourist stays can be applied for within the limits of the EU Family Permit. Can anyone please advise?

Help5
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Post by Help5 » Sat Feb 23, 2013 9:17 am

She has to Apply Visit Visa Under Uk Law not Eu law

She has to apply General Visa

I think Senior members will guide you better

frei
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Post by frei » Sat Feb 23, 2013 9:34 am

She can apply under the family visitor category. She cannot apply for an EEA-FP.

Fifa-1
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Post by Fifa-1 » Sat Feb 23, 2013 1:28 pm

frei wrote:She can apply under the family visitor category. She cannot apply for an EEA-FP.
Thank you both for the replies. Frei, I thought the family visitor category is only applicable to UK citizens' relatives; am I mistaken in thinking this?

frei
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Post by frei » Sat Feb 23, 2013 2:23 pm

Fifa-1 wrote:
frei wrote:She can apply under the family visitor category. She cannot apply for an EEA-FP.
Thank you both for the replies. Frei, I thought the family visitor category is only applicable to UK citizens' relatives; am I mistaken in thinking this?

Additionally the family member you are visiting must :

be a British citizen;
be settled in the UK;
have been granted asylum in the UK; or
have Humanitarian Protection status.
http://www.ukba.homeoffice.gov.uk/visas ... uirements/

Jambo
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Post by Jambo » Sat Feb 23, 2013 3:48 pm

Be settled = holding ILR/PR so if the OP hasn't been in the UK for 5 years, she can't apply for family visit.

frei
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Post by frei » Sat Feb 23, 2013 6:58 pm

I kind of disagree with you jambo, if an EU citizen is living in the UK and exercising their treaty rights, they should be able to invite the non dependant family member under the family visitor's category

To say otherwise would lead to discrimination against the EU citizens, be settled is also different from having a settled status in my view

Fifa-1
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Post by Fifa-1 » Sat Feb 23, 2013 10:12 pm

Thank you Frei for all your input, the link you posted earlier gives a good idea, really appreciate it.

Jambo
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Post by Jambo » Sat Feb 23, 2013 11:39 pm

frei wrote:I kind of disagree with you jambo,
This is not my view but UKBA.
[url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/out-of-country/visitors.pdf]Supporting documents guidance - visitors and direct airside transit[/url] page 3 wrote:Family Visitor

The family members you are visiting must be permanently settled or have asylum/humanitarian protection status in the UK.

vinny
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Post by vinny » Sun Feb 24, 2013 2:15 am

See also 2.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

frei
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Post by frei » Sun Feb 24, 2013 8:00 am

I would be inclined to apply, and then see what the response of the UKBA would be, it will be interesting if EU citizens will have to submit p60 for 5 years to prove they have acquired permanent residence in other that they might invite a non dependant family member?

there is no right of appeal under the general visitor category, why British citizen would be given this priviledge, and excluding EU citizens is simply discriminatory. It will also be interesting to see what the defence of the UKBA will be if ever challenged.

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