EEA Family Permits for in-laws

[Alesar]

Hi everyone,

I am looking for some immigration advice via the EEA-settlement route / family residence permits. I am fairly new to this topic and my research so far has only been a lot of extensive google searches so please bear with me

I am a EU citizen living outside EU - I am going to move to UK for work in the next few months and would like to have my wife and her parents gradually join me. They are not from the EU. As per my understanding, it is better for my wife to have a EEA family permit issued vs the spouse visa in the UK. Is that correct ?

Furthermore, what is the likelihood of this being issued for my parents-in-law (they are 60+) if we go the EEA family permit route ? I understand they would be initially issued a 6 month permit, following which they can apply for the EU settlement scheme. Is going down this path similar to the blackhole that ADR visas are ?

Thanks!

[CR001]

I am a EU citizen living outside EU -

EU as in non British EU??

I am going to move to UK for work in the next few months and would like to have my wife and her parents gradually join me.

You are cutting it fine with the Brexit uncertainty.

They are not from the EU. As per my understanding, it is better for my wife to have a EEA family permit issued vs the spouse visa in the UK. Is that correct ?

If you are not British, you cannot use the UK spouse visa route anyway.

Furthermore, what is the likelihood of this being issued for my parents-in-law (they are 60+) if we go the EEA family permit route ? I understand they would be initially issued a 6 month permit, following which they can apply for the EU settlement scheme. Is going down this path similar to the blackhole that ADR visas are ?

Are they dependent on you and part of your household??

ADR visas comes under completely different rules not related to the current EEA/EU rules.

[Zerubbabel]

Brexit is coming. Things can change any time in any direction. Any planing has to take this in account.

If you come to the UK and get a job here, there are good chances that you would be able to bring your wife at one point. It's not hassle free, but it's relatively straightforward.

For her parents, it's nearly impossible and it's going to get even more complicated in the future. So you have to plan with that in mind.

[Alesar]

EU as in non British EU??

Correct - i am Italian.

Are they dependent on you and part of your household??

We dont necessarily live under the same roof, but we do financially support them quite often (but not in the form of regular payment).

[Alesar]

Brexit is coming. Things can change any time in any direction. Any planing has to take this in account.

If you come to the UK and get a job here, there are good chances that you would be able to bring your wife at one point. It's not hassle free, but it's relatively straightforward.

For her parents, it's nearly impossible and it's going to get even more complicated in the future. So you have to plan with that in mind.

I already do have an offer in place and i would expect my wife to join me within the next 6 months. Agreed, i do foresee her being sponsored by me as being fairly straightforward.

However, from what i understand, the ADR visas currently in place make it almost impossible for me to have her family join us, but as it currently stands, there is a route that can be taken under the EU Settlement Scheme family permit application which would make it likely / possible ?

[CR001]

However, from what i understand, the ADR visas currently in place make it almost impossible for me to have her family join us.

You cannot sponsor your in-laws with an ADR visa as you are not British.

[ALKB]

However, from what i understand, the ADR visas currently in place make it almost impossible for me to have her family join us, but as it currently stands, there is a route that can be taken under the EU Settlement Scheme family permit application which would make it likely / possible ?

For them to come to the UK under EU rules, they would have to be dependent on you and/or live in the same household. Neither appears to be the case.

[Zerubbabel]

For the ADR route, you have to be a UK citizen. Still, please don't feel sad about it as this route is more theoretical than anything else. The route exists but it's very complex and with nearly a certain refusal for most cases. It may work for very marginal cases but in your case, even if you were British, this route wouldn't have worked in practice.

Under the EEA route, there is the Extended Family route. It's by no means as difficult as the ADR but still very hard to deploy especially for multiple people of a certain age.

You have to demonstrate that your in laws are part and have been part of your household for a while. And refusing them an EEA family card would prevent you for even coming to UK as this would break your household and you would then have to stay outside the EU because of this refusal. Very very hard to justify and demonstrate.

Also, the Extended Family route under EEA rules, has always been a bumpy ride. The Home Office doesn't seem to like it and with the coming Brexit, it will be one of the roads that will suffer the most.