EEA or UK route for dependent ?

[EEAor]

My wife and step-son are non EU/ EEA nationals who now have permanent residency under the 2004/EC/38 Directive.

We are currently separated.

They are looking to bring their Mum / Grandma to the UK to live.

The lad earns c.30K and the Mum 15K

They own property abroad worth c. 50K - two appts - one were the Mum lives - the other is rented out - bringing in 200GBP month and the lease can be terminated

The Mum receives a small pension by UK standards and receives monies from the UK to support her

Mum and step-son live separately and son is applying for citizenship of the UK

Q: 1/ should they sell the houses or transfer ownership in the Mum's name before applying

2 / Should they apply under 2004/ EC/38 - as this is how they came to the UK ? I was the main income provider and lived / worked in a third EU nation ? Would it help if my income was included, too - as we are still legally married ?


3/ I hold UK citizenship in addition to Irish and I wore my Irish 'hat' to exercise my treaty rights back in 2008 to get the first FP visa for my non EU/ EEA family members ... I know this rule has been closed - but does it still apply to us ?

4/ Should the lad hold off fulfilling he UK citizenship path and apply using the UK immigration route ?

[secret.simon]

It will have to be the UK Immigration Rules.

They can not sponsor people under the EEA Regulations as they are not EEA citizens themselves.

You could have sponsored the mother/grandmother if you were a non-British EEA citizen. But as you are a dual British-Irish citizen, you are treated as if you are solely a British citizen now (post Mccarthy judgement in 2012) and hence can no longer sponsor a family member through the EEA Regulations, unless you renounce your British citizenship.

Even then, it will be you sponsoring the mother/grandmother (your mother-in-law), not your wife/step-son.

[noajthan]

My wife and step-son are non EU/ EEA nationals who now have permanent residency under the 2004/EC/38 Directive.

We are currently separated.

They are looking to bring their Mum / Grandma to the UK to live.

The lad earns c.30K and the Mum 15K

They own property abroad worth c. 50K - two appts - one were the Mum lives - the other is rented out - bringing in 200GBP month and the lease can be terminated

The Mum receives a small pension by UK standards and receives monies from the UK to support her

Mum and step-son live separately and son is applying for citizenship of the UK

Q: 1/ should they sell the houses or transfer ownership in the Mum's name before applying

2 / Should they apply under 2004/ EC/38 - as this is how they came to the UK ? I was the main income provider and lived / worked in a third EU nation ? Would it help if my income was included, too - as we are still legally married ?


3/ I hold UK citizenship in addition to Irish and I wore my Irish 'hat' to exercise my treaty rights back in 2008 to get the first FP visa for my non EU/ EEA family members ... I know this rule has been closed - but does it still apply to us ?

4/ Should the lad hold off fulfilling he UK citizenship path and apply using the UK immigration route ?

Note There is no viable way for BCs to sponsor aging relatives under UK Immigration Regulations.

1) For what purpose?

2) Applicant needs to show financial dependency for their essential daily needs on sponsor/spouse.
How long has such dependency existed - along with rock-solid evidence to back it up?
Note: as a BC you cannot sponsor anyone new on EU route.

3) BC cannot sponsor anyone (new) on EU route as any previous transitional arrangement has now expired.

4) Son cannot sponsor anyone on EU route as he is not a Union citizen. So in this context its immaterial whether he naturalises or not.