What are the rights of an EEA national and their non EEA family as per EU Treaty?

[GermanIndian]

Hi, can a EEA national(German), residing/working in Ireland with non EEA Indian spouse, invite parents of spouse, Indian nationals, to join or stay or visit as a family member?
At the moment, I have invited them on visitor visa, they paid fees etc. But I see, if they are qualifying family member, they do not need to pay visa fees and their visa can be prioritized for processing.

On the website it states 'dependent' parents or 'dependent' parents of spouse as qualifying family member
So, my question is, what is the difference between dependent parents and just parents? Will there be a requirement to prove dependency for EEA national to invite parents of spouse, if the parents were tostay longer.than 3 months? Thanks

I am at my wits end trying to understand what type of visa would they require/qualify for. Visitor type C visit family/friends OR Family member of EU national ? In the case of later, what needs to be provided as documentations? Just the proof of relationship or dependency as well? What forms will be required? Thanks

[crisbella218]

Dependent would assume that they require you to give them money to live or if they are ill, depend on you to look after them. In the UK where I am for dependent parents you are required to provide bank statements to show you have been sending them money over a period.

You are right that as a family member they would have no fee and visa can be prioritized. But usually this is for a family member visa and usually you would need to travel with them. So its easier to get a visit visa.

[GermanIndian]

So what type of visa do they apply for Short stay type C' visiting family/friends OR ' Family member of Eu citizen' because they are parents of spouse of EEA national. Do they qualify as family member and what documents are requred? Also, on a different note, can anyone suggest a law firm who can assist with these type of queries, in Ireland. Thanks.

[shpirtshqipe]

You don’t need a lawyer if your parents fulfil the criteria as suggested by Crisbella218 and;

You MUST make sure your parents are Dependent on you and your spouse before applying for the EUFAM Visa. Your parents definitely qualify as Family Members but don’t have automatic right to the Treaty (they have to prove it, i.e dependence on EU Citizen) (spouse on the other hand has automatic rights).

The one major factor to consider is that your parents MUST be financially dependent on you or spouse. The less money they have the better the chances (this includes them being on basic pension or not, don’t have businesnesses that generate money, don’t have savings).

The longer the period of financial support is proven towards your parents the better your chances of success.

Your spouse MUST be the person applying for the EUFAM since they are the EU Citizen.

Your spouse can either accompany your parents and on arrival to Irish border clearly state she’s excerciwing her EU Treaty Rights or, Apply for a Short Stay C Visa.

Hope this helps

[GermanIndian]

Hi, thanks for your reply. It is very helpful information. Does dependency needs to be proven in case of short visit, if they select 'family member of EU citizen' short stay where visa fees is not applicable, on VFS global site , or should they apply for short stay type C vising family/friends visitor visa and pay visa fees?Thanks

[shpirtshqipe]

Hi

Theoretically your parents shouldn’t need to provide too much information for the C Visa, since if They were accompanied by the EU Citizen, they would be issued the C Visa on the spot at the Immigration control in Ireland.

But, we all know immigration office can be difficult so to be on the safe side I’d suggest;

If you make them too rich financially thus Independent, it may affect the EUFAM Application. If they are too dependent for the C Visa they may get refused.

In other words your parents should have enough funds which could be anywhere between €2000-€3000 mark jointly (this is an estimated figure, other members may suggest more or less). This would be enough for their visit to Ireland but not enough to make them “independent” and affect the EUFAM application.

Your parents are exempt from paying for the C Visa since they are family members of EU Citizen. So choose the Free-Fee option.

Good Luck