Withdrawing my mother-inlaw EEA sponsorship

[Annaeze]

In 2017 my mother in law visited us. Afterward, my husband pleaded with me to apply for EEA residence for his mother, out of love i did. I applied for my mother in law to stay back in the UK as I'm an EU national. Unfortunately, the visa application was denied by the home office. However, we filed an appeal. But of lately my husband and I have been having issues because of his mother, she wants to control everything that happens in my marriage, and I don't like that. TWO months ago she had a problem with her son ( my husband) cos she wanted to start childminding business which her son declined to because she is not a registered childminder. She left the house during the argument; I don't know where she is leaving at the moment. After everything, I told my husband that I want to inform the home office that I'm no longer interested in sponsoring his mother. But to my greatest surprise my husband has been threatening me that if I do it, he will file for a divorce. He went ahead to send old pictures I took with his mum, her NI, and NHS letters (as proof of address ) to his lawyer to submit to the tribunal as support evidence that she is my dependent whereas she is not. i saw the message she sent to her not to change her home address yet until the appeal is over. Her tribunal is holding on the 25th June 2018. I'm so confused, as I feel my husband and his mother is planning to use me to keep her in the UK. I need advice on what to do. Can I withdraw my sponsorship without the home office informing her and her son? What can I do please?

[secret.simon]

As you are an EEA citizen, I doubt that you can withdraw sponsorship of our mother-in-law if she is dependent on you OR your spouse.

EU law vests rights on dependent parents of EEA citizens and their spouses. So, if it can be proven that she is dependent on your spouse, she has the right to reside in the UK, irrespective of whether you want to sponsor her or not.

Ironically, if your spouse is a non-EEA citizen and has not acquired PR, he would be foolish to threaten you with divorce. Were the two of you to divorce, he would have a personal right to remain in the UK, but he would not able to sponsor his mother. Even after acquiring PR, he would only be able to sponsor his mother under the very strict UK Immigration Rules, which have a success rate of about 20% after appeal (5% without appeal). So, were he to threaten you with divorce, you could call his bluff.

The only way that he can get his mother to reside in the UK would be under EU law, based on his marriage to you and your continued residence in the UK.

[Annaeze]

Her first application was denied based on the ground that there is no enough evidence that She is my dependent, she is no more leaving with me and I don’t where she stays ,I rang the home office today and I was told I could withdraw my sponsorship as she is not depending on me finically,I also have proof that she is no longer leaving with me and all the threats I have been getting from my husband, as I had Audio recorded and sometimes at work he sends nasty messages as well . Plus the trauma my spouse is giving me is becoming unbearable. He hasn’t acquired his PR yet and I feel that’s the only things his been waiting for, not until recent his lawyer Told him he can get it after divorcing me, that’s why he has been making those threats. Pressurance me to keep the impression that his mother is my dependent whereas she is not.