How to bring Non-EEA parents to come and live in the UK?

[1878]

Hi all. Have not visited this forum for 4 years, brings back memories...

Situation: I'm a EEA national working in the UK (worked for 3 years, studied 1 year). Non-EEA wife on EEA RC, will apply PR next year. We want to try to bring her Non-EEA parents to live here in the UK with us.

How can her parents apply either EEA visa or UK visa to come and live with us?

Best regards,
1878

[noajthan]

Are parents dependent on you?

[Wanderer]

Hi all. Have not visited this forum for 4 years, brings back memories...

Situation: I'm a EEA national working in the UK (worked for 3 years, studied 1 year). Non-EEA wife on EEA RC, will apply PR next year. We want to try to bring her Non-EEA parents to live here in the UK with us.

How can her parents apply either EEA visa or UK visa to come and live with us?

Best regards,
1878

Are they dependent?

[1878]

My wife is their only child and she sends them money every month to support them financially, they are both retired and live in their own home.

I've heard stories that if you apply for the EEA FP in most cases it gets rejected and then later the UKBA will refuse to issue the standard 6 months visitor visa - this is a risk we're unsure if we're willing to take.

Edit: I should add we have a child (their only granddaughter as well) - not sure it is relevant but basically all their nearest family live in the UK.

[secret.simon]

The crucial test is that of dependency.

Parents (and parents-in-law) are only considered direct family members of the EEA citizen if they are dependent on the EEA citizen or their spouse.

Nought else matters.

If you can prove dependency, they have a right under EU law to join you.

How does your wife send them money? Is there documentation to support that?

[1878]

Right, so I guess, if we can provide proof that the funds we support them with provides the majority of their income, should that satisfy the dependency criteria?

[noajthan]

Right, so I guess, if we can provide proof that the funds we support them with provides the majority of their income, should that satisfy the dependency criteria?

You can dig into such questions here:
https://www.gov.uk/government/publicati ... rmit-eun02

and in HO guidance here:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

[1878]

Thanks, very helpful.

Do you know if anyone has been successful in doing this?

[1878]

The crucial test is that of dependency.

Parents (and parents-in-law) are only considered direct family members of the EEA citizen if they are dependent on the EEA citizen or their spouse.

Nought else matters.

If you can prove dependency, they have a right under EU law to join you.

How does your wife send them money? Is there documentation to support that?

Yes, online bank transfer which can be proved by bank statement.

[noajthan]

Thanks, very helpful.

Do you know if anyone has been successful in doing this?

Yes its possible.

You may face an initial refusal and have to fight your corner.

There have been a couple of refusals recently.
HO tends to play hardball on question of dependency; caseworkers don't appear to know the law in this area and seem to push the boundaries.

[1878]

Are you aware of a post on this forum or on the internet describing the procedure the successful applicant took, i.e. how to show proof of dependency and what the HO accepted as dependency?

[Wanderer]

Are you aware of a post on this forum or on the internet describing the procedure the successful applicant took, i.e. how to show proof of dependency and what the HO accepted as dependency?

I'm afraid you're gonna have to search for that info yourself, plus things change all the time, as has been said, UKVI play the toughguy on EEA apps. on this, and with Brexit looming probably feel they can get away with it now.

[noajthan]

Are you aware of a post on this forum or on the internet describing the procedure the successful applicant took, i.e. how to show proof of dependency and what the HO accepted as dependency?

Its mainly the failures that get posted here in forum.

But this blogpost (and also the Lim case) clarifies the essential case law at the core of this:
https://www.freemovement.org.uk/cjeu-de ... n-of-fact/

[1878]

Great and thanks for your help. Will certainly keep you posted how this goes.

[1878]

Just final question: Assuming the EEA FP route fails - are there any alternative ways?

[noajthan]

Just final question: Assuming the EEA FP route fails - are there any alternative ways?

If non-EEA you need a 'visa' to get parents into the country; FP is the way.

If it fails, retry.

[asp]

If the FP route fails, even after reconsideration, I would rate your chances under the Immigration Rules as zero.

[1878]

Would a failure to get EEA FP for them severely impede their future chances to get 6 months regular visitor visa (they already received 2 of this in the past without any problems)?

[Casa]

Would a failure to get EEA FP for them severely impede their future chances to get 6 months regular visitor visa (they already received 2 of this in the past without any problems)?

A refusal as a visitor would be highly likely due to the prior intention to settle,

[1878]

Sigh... So in that case we would have to prove they don't have intention to settle any longer?

[Casa]

That may not be achievable. Once the intention to settle is logged on the HO system it remains there.

[1878]

Seriously, so there is a risk they will be unable to visit the UK ever again?

[Casa]

Seriously, so there is a risk they will be unable to visit the UK ever again?

Yes there most certainly is.

[asp]

No IO or ECO is going to take your word for it "now just being a visit" if you make a failed attempt for settlement.

You will be firmly back in the barren realms of the Rules, rather than the green and gentle pastures of Treaty Rights. The onus will shift back onto wife's parents to satisfy the ECO they are going back home at the end of the trip. ECOs are a suspicious bunch at the best of times and if they don't like what they hear a visit refusal will follow quickly.

You and wife would then have to do all the travelling rather than her parents.