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Non EEA spouse's mother

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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dan1988uk
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Non EEA spouse's mother

Post by dan1988uk » Sat Sep 02, 2017 9:21 am

Hello, I am an Italian citizen living in the UK with my non EEA spouse, we were planning to invite her mother to visit us, is it better to follow the standard visitor visa route or the EEA family permit route? And in case of EEA FP should we attach proof that she is dependent? ( my wife is sending her money monthly, is that enough?)

Thank you

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Casa
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Re: Non EEA spouse's mother

Post by Casa » Sat Sep 02, 2017 9:35 am

Is she intending to visit (and for how long), or to reside in the UK?
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dan1988uk
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Italy

Re: Non EEA spouse's mother

Post by dan1988uk » Sat Sep 02, 2017 9:39 am

Just visit, for a couple of months maybe.

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Re: Non EEA spouse's mother

Post by Casa » Sat Sep 02, 2017 10:05 am

Standard visitor visa. Your mother-in-law will have to provide evidence of strong ties to her home country and this may be a challenge if she is financially dependent on her daughter.

Does she have property, employment, other family etc in her home country?
(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.

dan1988uk
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Posts: 274
Joined: Tue Jun 27, 2017 2:39 pm
Italy

Re: Non EEA spouse's mother

Post by dan1988uk » Sat Sep 02, 2017 10:29 am

She has family (husband, siblings, children) but no income or properties.

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Casa
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Re: Non EEA spouse's mother

Post by Casa » Sat Sep 02, 2017 10:38 am

dan1988uk wrote:
Sat Sep 02, 2017 10:29 am
She has family (husband, siblings, children) but no income or properties.
In which case (from personal experience), this may prove difficult. The ECO will want to see that your mother-in-law is financially self-sufficient, which it appears from your post that this isn't the case if your wife is supporting her. I suggest that in the absence of anything else, she submits as much evidence as she can to show family ties in her country of residence.
(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.

dan1988uk
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Posts: 274
Joined: Tue Jun 27, 2017 2:39 pm
Italy

Re: Non EEA spouse's mother

Post by dan1988uk » Sat Sep 02, 2017 10:41 am

But the EEA FP applies to dependent parents, and this can be the case explaining that we are supporting her.

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Casa
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Re: Non EEA spouse's mother

Post by Casa » Sat Sep 02, 2017 10:44 am

The EEA FP is for a non-EEA family member or extended family member who is applying to settle in the UK, not to visit.
(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.

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Casa
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Re: Non EEA spouse's mother

Post by Casa » Sat Sep 02, 2017 10:49 am

Also so note the requirement for an EEA FP includes:
Whether there are any other close relatives in the country of origin from whom the family member receives material support. If a family member receives funds from the EEA national but, for example, is living in the same household as another relative who provides their food and accommodation, the family member cannot be said to need the financial support of the EEA national in order to meet his / her essential needs.
Whether the family member leading an independent life. For example, if a direct descendent 21 or over is married (and especially if they have children), it may be questionable as to whether the EEA national is supporting the essential needs of both the family member and their spouse and children. In such cases additional attention should be paid to ensure that the financial essential needs of the family are being met by the EEA national.


https://www.gov.uk/government/publicati ... egulations
(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.

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