EEA2 Family permit

[ecogle]

Dear All,

I have sumbitted EEA2 for my father in law a week back. Today we received COA without confirmation for work rights. I have sent my origional ID card (German), photocopies of my spouse EEA RC , Marriage certificates etc. I am wondering why they have not give right to work confirmation? is it common for everyone?

Kind regards

Ecog

[Lucapooka]

Extended family member applications (pending) do not get confirmation of a right to work. Furthermore, how can he be considered as dependant on you if he works?

[ecogle]

Hi Luca,

As per UKBA terms in their website, parents and grandp

What is a 'family member'?
If you are an EEA or Swiss national, your non-EEA family members who have the right of residence in the UK are:

your husband, wife or civil partner;
your children or grandchildren (or the children or grandchildren of your husband, wife or civil partner) who are under 21 years of age or are dependent on you; and
the parents or grandparents of you and your husband, wife or civil partner, if they are dependent on you.
(If you are a student, only your husband, wife, or civil partner and dependent children have a right of residence.)

Other relatives - including extended family members such as brothers, sisters and cousins - do not have an automatic right to live in the UK. To be considered, they must be able to show that they are dependent on you.

If you and your partner are not married or in a civil partnership, you must be able to show that you are in a durable relationship with each other.

arents are classified as family member not Extended family members.

Many Thanks

[EUsmileWEallsmile]

The point the other contributor was trying to make was that if your family members are dependent on you, why would they require to work?

[ecogle]

Yes, you are right. But if he wish to work in future, It will be allowed? any idea about the processing time for EEA 2 from Durham office?

Many Thanks

[Doublestarxx]

Ecogle: I have the same situation like you, applied for my mother as a dependant on me and my wife(eea national) they also sent a COA with no right to work. I sent them email,( you can check my thread) http://www.immigrationboards.com/viewtopic.php?t=142758.

I just found a similar case, where the judge admitted that ukba is using the wrong article to address father/mother in law of eea spouse/civil partner. They are applying reg 8 (treating as extended family member) instead of reg 7(1)(c).

http://www.bailii.org/uk/cases/UKUT/IAC ... pines.html

So you clearly right by understanding that your family member is dependent direct relatives in his ascending line or that of his spouse or his civil partner”. All you need to bother about is whether you provided enough documentary proof to prove dependency to meet their essential needs.