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Non-EEA Family Member of British Setteled Person

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whussain6
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Non-EEA Family Member of British Setteled Person

Post by whussain6 » Thu Dec 15, 2016 2:58 pm

Hi, I am British citizen living and working in UK. I am paying thousands in tax/year and own two properties in UK. I have family living in Spain and I am partially supporting them financially and have to travel every now and then.

My mother, 2 Brother (1 working, 1 student under18) and 3 Sisters (1 Working, 2 Student, 1 under18). My mother is separated from my father but not officially but they have court orders to stay away because of some problem b/w them. that was started 2 years ago

Now the question is if I can bring them here to live with me in UK as I am sending money to them and it will be easier if they live with me. My Mom has abdominal pain and cannot work. Can I bring some or all of them here through any route?

Thanks for your kind suggestions in advance.

noajthan
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Re: Non-EEA Family Member of British Setteled Person

Post by noajthan » Thu Dec 15, 2016 3:16 pm

No not really.
The concept of chain migration for wider family is not supported by UK immigration system.

If you were an EEA citizen you may have options but in this context you are not.

Individuals would have to apply in own right and under own steam, via Tier 1, 2, 4 or 5 visa for example.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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CR001
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Re: Non-EEA Family Member of British Setteled Person

Post by CR001 » Thu Dec 15, 2016 3:19 pm

No, there is no way through the UK Immigration route that they can join you. You cannot sponsor them under the EU/EEA route either.

Paying tax is what you are supposed to do on earnings, doesn't help you bring the entire family here, neither does owning property.

On what basis are they legally resident in Spain?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Casa
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Re: Non-EEA Family Member of British Setteled Person

Post by Casa » Thu Dec 15, 2016 3:23 pm

Not on the Adult Dependent route under the UK Immigration Rules. This route has been virtually closed since the Rules changed in July 2012.

In order to succeed they would have to show that they ALL need daily care for simple tasks such as bathing, dressing, preparing food etc., and that this care either isn't available in their country of residence or is unaffordable.

There have been only a handful of approved applications since July 2012 and the majority of those were only after a lengthy appeal.
If any one of them applies for an ADR visa and is refused, the door to visitor visas in the future will be firmly closed due to the prior intention to settle.

You may find that this article by Freemovement explains the situation well.

https://www.freemovement.org.uk/out-with-the-old/

Edit: Beaten by the duo CR001 & noajthan
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Re: Non-EEA Family Member of British Setteled Person

Post by noajthan » Thu Dec 15, 2016 3:31 pm

The only alternative is close down your UK life; sell off or rent out properties, mothball any business (& etc) and ship out to Spain to do Surinder Singh gig.
But be aware of recent rules UK brought in in November to clamp down any circumvention of UK migration regulations.
(Not in spirit of nor compliant with EU law but in UK they are the law).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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