Non EEA mother

[ys704rose]

Hello experts

Firstly I just want to say thank you so much for such great platform. It's really informative and useful. After spending quite a lot of time reading here, I feel I'm really stuck.

I'm non EEA and married to a EEA 9 years ago. We have been living in the UK for the past 12 years. My husband has been working continuously for the past 12 years. I've got EEA PR in 2012. In 2013 we applied EEA RC for my mum, a non EEA. She only uses this to come to the uk to visit us, a few months at a time. She hasn't been in the uk for the last 2 years. When we applied this in 2013, I definitely don't think there is a requirement for dependency as we didn't provide any evidence.

So her RC is going to expire in 2018, looking at the requirements now I don't think we can apply for RC again for her as we never transferred any money to her. She doesn't want to live here permanently either. So what can we apply?

Every time when she came to the uk to live with us, she's totally dependent on us as she doesn't speak any English or drive or work.

Any advice would be much appreciated. Many thanks!

[ys704rose]

Anyone please help? Would we be able to apply any long term standard visa?

[Obie]

You ought to have been asked to provide proof of dependency, unless of course you are residing in the same home.

[ys704rose]

When we applied back in 2013, we didn't provide any evidence of bank transfers etc, all we did was a cover letter. Have the requirements changed since then? Because back then the form was much simpler and it was free.

If we were to apply 10 years uk standard visa now, what are the chances that my mum can get it?

[ys704rose]

You ought to have been asked to provide proof of dependency, unless of course you are residing in the same home.

Thank you. If you mean she's residing at the same address as us in the uk then yes.

[Casa]

You ought to have been asked to provide proof of dependency, unless of course you are residing in the same home.

Thank you. If you mean she's residing at the same address as us in the uk then yes.

Only while she's visiting I assume and it appears that she hasn't visited for 2 years.

Highly unlikely that your mother-in-law will be granted a 10 year visitor visa on the first application. Are you aware that if she is issued with a 6 month visitor visa she won't be able to spend more time in the UK in a 12 month rolling period than she is spending in her home country?

[ys704rose]

Yes I'm aware thank you. She only uses the RC to visit us really, she doesn't like UK and certainly don't want to spend more time in the uk than her home country! Mainly for visiting her grand children.

[ys704rose]

So can we apply for another EEA Residence card using EEA FM form?

[Casa]

So can we apply for another EEA Residence card using EEA FM form?

You can certainly apply, but the chances of succeeding are slim unless you can prove her dependency, which seems unlikely from the information in your previous posts. Even more so as she appears to have her own life in her own country.

[ys704rose]

So can we apply for another EEA Residence card using EEA FM form?

You can certainly apply, but the chances of succeeding are slim unless you can prove her dependency, which seems unlikely from the information in your previous posts. Even more so as she appears to have her own life in her own country.

Thank you Casa. That's why I feel stuck. We can't provide money transfer evidence to show that she's dependent on us whenever she's in the uk so RC seems unlikely. But then I also can't apply visitor visa for her as she got RC previously. What can I do now??

[Casa]

IMHO your only viable option may be to relocate your family to another EU country and use the Surinder Singh route, although with Brexit the days for this are likely to be numbered. You also face the issue that your mother doesn't actually want to live in the UK.

[ys704rose]

IMHO your only viable option may be to relocate your family to another EU country and use the Surinder Singh route, although with Brexit the days for this are likely to be numbered. You also face the issue that your mother doesn't actually want to live in the UK.

Thank you but to be honest we are unlikely to move to another country:-(

Can I ask how soon we can apply for the EEA RC again if the current one will not expire until Feb 2018? Can we apply say April 17?

[ys704rose]

Does anyone know please?

[Wise]

How come you are using RC like visitors visa and you said she has not be in the UK since last 2yrs. Also you are planning to apply again in 2017 didn't you think they will see the previous one issued till 2018 and they will know that she doesn't live in Uk.

I think RC was to be used for resident purposes in a member state and not for visiting. However to apply for 6 month FP now will need dependency paper work to get to the UK first and she still need to stay for at least 6month to receive another RC in UK if you are lucky and you said she doesn't like to stay here that is tricky.