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EEA Family Permit for NZ mother supported by Irish wife

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

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pieface
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Posts: 11
Joined: Mon Feb 07, 2005 5:44 pm
Location: London

EEA Family Permit for NZ mother supported by Irish wife

Post by pieface » Thu Jun 26, 2014 3:06 pm

Ok, I've spent the afternoon attempting to research this, but cannot find a definitive answer anywhere (including the FAQ section on this forum). So apologies in advance if I've missed a posting or FAQ where this is answered. I'm hoping someone here will have the knowledge to assist.

I am a British/New Zealand dual national, having been naturalised as British in 2008. I married a British/Irish dual national (Irish passport holder, born in UK) in 2012. We have since had a child who is British by default.

The immigration question is in regards to my 64 year old mother, who resides in New Zealand as a pensioner and is currently able bodied and able to support herself. She has no other remaining family in New Zealand. She has two British sons (including me) and a grandchild here.

I had thought it would be a mere formality to get a visa for my mother to remain here - so long as she was supported financially by us. However having done some reading, it seems new rules brought in back in July 2012 would prevent this, as the requirements seem have been set unrealistically high.

However, being that my wife is Irish - has for at least the last 6 years exclusively used an Irish passport, was identified as Irish on our marriage certificate, could this potentially help us?

If we are able to take advantage of the above, how would the application be made? Would it be made in person via the High Commission in Wellington? Would my wife need to be present? Could it be done online or by post? Is it the case that as New Zealanders do not need a visa to visit as a tourist, could the EEA family permit be granted by just turning up at a UK port with all the relevant documents?

Would I be right in thinking the path would be as follows:

* Apply for EEA family permit - with my wife supporting (or making) the application, using our marriage certificate as a supporting document
* When this is approved, apply for a UK Residence Card (based on the EEA family permit)
* After 5 years, apply for a Permanent Residence Card

My other concern is that while we're entirely able to support her in the UK indefinitely, she is not *dependent* on us financially, being that she owns her house and draws a pension. Does the fact that nearly all her remaining family are in the UK hold any sway?

Would be grateful for any assistance or pointers.

alinaqvi90
Newly Registered
Posts: 25
Joined: Fri May 06, 2011 2:50 pm

Re: EEA Family Permit for NZ mother supported by Irish wife

Post by alinaqvi90 » Fri Jun 27, 2014 1:21 pm

I am in similar position. Being the only child and due to my moms ill health I would like her to come here and stay close to me.

Seems like no responses to this post so far.... :(

majamcr
Junior Member
Posts: 57
Joined: Mon Feb 24, 2014 10:38 am

Re: EEA Family Permit for NZ mother supported by Irish wife

Post by majamcr » Fri Jun 27, 2014 7:32 pm

@pieface I am afraid you won't be able to use the EEA route to bring your mother to the UK due to the law change in July 2012 -- since then dual EEA/British nationals are treated as solely British. Please somebody correct me if I am wrong.

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