Applying for Residence Card from UK as extended EEA fam mem

[SierraL]

Hello everyone,

Could anyone please help me understand the following.

I am a German citizen living and working in the UK (for 4 years now) and would like my mom who is a non-EU apply for residence card in UK.

Just to give a bit of background of our situation.

My mom has a 10 year visitor visa (multiple entry) which however only allows her to stay in UK for 6 months in a year. Last year her application for EU family permit was rejected on the basis that we did not provide evidence of her being financially dependent on me. The reason we couldn't provide such evidence is because I would supported her with cash to avoid costly monthly money transfers (very stupid, I know!).

We would now like to once again to apply for a UK residence card. Since the rejection of the EEA family permit application, I have been sending her 1000 GBP every month and this time we can prove this through our bank statements.

My questions is as follows:

Can my mom apply for UK residence card from inside UK without applying for EEA family permit first as she is already in UK on her 10 year visitor visa.

Our immigration solicitor says she does not need to return to her home country to apply for EEA family permit and can apply for UK residence card in UK straightaway. But we are having second thoughts and do not want a 2nd rejection.

Can anyone please advise.

Many thanks in advance!

Dinara

[noajthan]

...

My questions is as follows:

Can my mom apply for UK residence card from inside UK without applying for EEA family permit first as she is already in UK on her 10 year visitor visa.

Our immigration solicitor says she does not need to return to her home country to apply for EEA family permit and can apply for UK residence card in UK straightaway. But we are having second thoughts and do not want a 2nd rejection.

Can anyone please advise.

Many thanks in advance!

Dinara

FP is purely for entry into UK so you have no need for FP.

My understanding is you could apply for a RC.

Note 'mother' is a direct family member not an extended family member - it's very important to be aware of that distinction.

You will ofcourse have to prove dependency.
As per case law of Pedro you do not need to prove prior dependency, just the current fact of dependency.
(Although demonstrable prior dependency will no doubt help make the case).

See HO guidance:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- ref page 17+

Worst case you risk the £50-60 fee (plus biometrics).

[Obie]

And also risk of no future visitors visa if you get it wrong .