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Dependent Mother visa granted but now there is a problem
Posted: Tue Dec 15, 2015 1:43 am
by bmq
Hi,
I am a British national and my spouse is Lithuanian national. I applied for my Non-EU national mothers dependant visa via my spouse which was refused but we challenged it and it was approved. She was granted 6 months visa initially and later we applied and successfully received 5 years visa.
Now, due to all these changes and Brexit and all the fuss about EU. My spouse acquired British citizenship on her own merit. (not because of our married status but seeing as she has completed more than 10 years, paid tax and etc)
I am a little confused as to how it will now effect my mothers visa?
Anyone please?
Re: Dependent Mother visa granted but now there is a problem
Posted: Tue Dec 15, 2015 2:38 am
by secret.simon
It sounds like your mother was issued an EEA Residence card based on your wife's Lithuanian citizenship.
If your wife has now acquired British citizenship, she will be treated as solely British for the purposes of EEA Regulations. I am not certain if that revokes your mother's EEA Residence Card, but that is a possibility.
Can the mods move this thread to the EEA Route sub-forums?
Re: Dependent Mother visa granted but now there is a problem
Posted: Tue Dec 15, 2015 5:52 pm
by Obie
secret.simon wrote:It sounds like your mother was issued an EEA Residence card based on your wife's Lithuanian citizenship.
If your wife has now acquired British citizenship, she will be treated as solely British for the purposes of EEA Regulations. I am not certain if that revokes your mother's EEA Residence Card, but that is a possibility.
Can the mods move this thread to the EEA Route sub-forums?
I am not sure there is a clear legal justification , on the basis of which that statement is grounded.
I am minded to think that there is a transitional provision, on the basis of which OP's mother may find some protection.
Re: Dependent Mother visa granted but now there is a problem
Posted: Tue Dec 15, 2015 6:01 pm
by bmq
Em its more complicated than I thought.
Her current visa expires on January 2020, She was given 'Residence card of a family member of an EEA national. Other remarks were, employment and business activities allowed.
Is there a way I could transfer the current visa to myself? means being dependant on myself?
Do I need to do anything now? Informing authorities? HO etc? or shall I wait until 2020 and apply for ILR and then see however i can sort it out at that time.
These days HO is really doing anything and everything they can to make lives difficult as what I read here so really would like to avoid if i best can.
on the other hand wanted to see if i can do something to fix it too. if this makes sense..?
Re: Dependent Mother visa granted but now there is a problem
Posted: Wed Dec 16, 2015 5:46 am
by secret.simon
bmq wrote:Her current visa expires on January 2020
That presumably means that her Residence Permit was granted in January 2015.
When did your wife acquire British citizenship?
Re: Dependent Mother visa granted but now there is a problem
Posted: Wed Dec 16, 2015 2:15 pm
by bmq
It was somewhere in December 2014. When the HO was processing the application.
You see, we had no idea as to if this will have this sort of trouble. We were concentration on Brexit and how it will effect if Britain to come out of EU. Now when i think its was a bit of silly rush but its been done now so trying to figure out what to do next.