Dependent visa for mum, dad and sister

[zarkjavaid]

Hi everyone,

I (pakistani national and my wife Eu national ) submitted the online dependent visa application on 19Aug 2016 and submitted docs for their UK visa on 23Aug 2016, documents received to Sheffield email on 30 Aug 2016, sponsor got the emails saying:
"Dear Customer,

Thank you for applying for a UK visa. Your visa application has been received and is under consideration. We aim to process non settlement applications within 15 working days (unless you have opted for the Priority Visa service), and settlement applications within 60 working days.

Unfortunately, the processing of your application has not been straightforward and we will be unable to decide your application within our customer service targets. We are continuing to work on your application and aim to make a decision as soon as possible.

We will write to you again if there is any change to this. Please do not attend the Visa Application Centre until you have been advised that your application has been decided and that your passport is ready for collection.

Kind Regards,

Sheffield Visa Section

i wanted to ask has anyone got this funny email too? and how long will they take now? any idea??

[CR001]

You say "dependent visa". What exactly have you applied for, a settlement visa or an EEA family permit?

The email is a standard email, many people receive it if the processing will take longer than normal.

[zarkjavaid]

I think it's a settlement visa or it could be family permit too because first they get 6 months visa and upon arrival within that months visa they have to apply for the family permit for 5 years, I've heard that's how it works.

[CR001]

You need to be sure what you have applied for as they are two very different routes and there is a substantial difference in cost of the visa.

Sounds like EEA FP that has been applied. What evidence of your family's dependency on the EU national have you submitted?

Is your EU spouse a qualified person exercising treaty rights?

[zarkjavaid]

I've provided me my wife and12 months payslips, bank statement, council tax and rent letter, employment letter, our invitation letter and a presentation explaining everything and 12 months receipts of me supporting my family for past year, our marriage certificate, our child birth certificate, property report where they will live which is 2 bedroom flat and I paid deposit for that and birth certificate of me in English and than my family documents

[Casa]

Yes, but what have you applied for? An EEA Family Permit or a UK Adult Dependent Visa?

[zarkjavaid]

Eea family permit

[CR001]

What are your parents work/financial/property circumstances in home country?

What is your sisters work/financial/property/partnervous etc circumstances?

[zarkjavaid]

My parents don't work I support them I attached his bank statement for past 12 mo tha aswell and his business shutdown last year so I attached Soliciter letter and mother has cancer so we got a doctor letter saying she needs to be looked after and she's depressed because she wants to be with her son and sister goes uni full time I pay her few and everything.

[Noetic]

Is your wife even exercising treaty rights in the UK?

Unless she has CSI (there seems to be an exception where an EEA citizen can be self sufficient based on non EEA family member - even though that family member has no right to live and work here on their own outside the EEA route - but self sufficient EEA citizens need CSI to be exercising treaty rights) and is self sufficient based on your income, your own activity is immaterial in her right to stay in the UK as an EEA citizen in the first place. Never mind sponsoring loads of people on a family permit, you & your wife need to be legal first...

[secret.simon]

Noetic has asked a very important question. Your right to stay in the UK and your family's right to come to the UK rests on your EU wife (not you) either exercising treaty rights or being a Permanent Resident. How long has your EU wife been staying in the UK and how is she exercising treaty rights in the UK?

Assuming that your EU wife is either a qualified person or a Permanent Resident, you should be aware that your parents and sister will be treated differently.

If you can prove that your parents are dependent on you, they are treated as family members and must be issued a Family Permit.

Your sister does not qualify as a family member (only spouses, children and dependent parents count as family) and will be assessed as to whether she meets the requirements of an EFM (Extended Family Member) and may be issued a Family Permit.

Also, could the mods move this question to the EEA Route Applications forum?

[zarkjavaid]

Yes she got dual nationality Irish and British and we used her Irish as EU citizen and yes I am legal I got my visa for 5 years last year and yes she is working aswell

[secret.simon]

On your application form, did you disclose that she is a dual British/Irish citizen? Because post-2012, dual British/Irish citizens are treated as solely British and if so, your legal status in the UK is doubtful, never mind the rest of your family.

[noajthan]

Yes she got dual nationality Irish and British and we used her Irish as EU citizen and yes I am legal I got my visa for 5 years last year and yes she is working aswell

Something does not add up here.

If by 'visa' you actually mean a RC for family member of EEA national then its unclear how that could have been issued to you unless wife suppressed the fact she is British. Or it was issued to you in error.

And a RC issued in 2015 is too late to invoke the McCarthy transitional arrangements for such cases (dual nationals).

Did you have a previous UK RC or Family Permit?
Or have you got to UK via Surinder Singh route?

Even so your wife's ability to sponsor non-EEA in-laws - and even you - seems doubtful.

[zarkjavaid]

@secret.simon no we have no mention that she's dual national. And well I applied for my visa an I got my visa course because she is working and fulfilling her treaty rights and when I applied for my spouse visa we showed her with Eu nationality.

[noajthan]

@secret.simon no we have no mention that she's dual national. And well I applied for my visa an I got my visa course because she is working and fulfilling her treaty rights and when I applied for my spouse visa we showed her with Eu nationality.

Did you have a previous UK RC or Family Permit? (issued in or before 2012?)
- otherwise you have the problem your sponsor is not actually entitled to sponsor you on EU route.

[zarkjavaid]

No I didt have it before we played as a joint. As we are married so my family is her family now so

[zarkjavaid]

No I didt have it before we applied as a joint. As we are married so my family is her family now so

[Casa]

Oh dear!

In which case as noajthan has already mentioned, you have a big problem as your dual Irish/British spouse can't be your EEA sponsor, or the sponsor for your dependants.

She made a serious error by not disclosing she also has Irish nationality in your original Family Permit application. (You don't have a visa).

[zarkjavaid]

Well we did mention that she was born here in uk and she lived all her life here so that is sorta telling them if that was a problem they would've gave me a visa because I applied spouse visa through EU and no problem after a year I got my visa.

[Casa]

You didn't apply for a spouse visa . You applied for an EEA Family Permit and this was only granted as you withheld the fact that your wife has dual Irish/British nationality, which precludes her from being your sponsor.

The fact that your wife lived all of her life in the UK is irrelevant, and if you thought "that is sorta telling them" she also hold Irish nationality, you're mistaken.

[noajthan]

Well we did mention that she was born here in uk and she lived all her life here so that is sorta telling them if that was a problem they would've gave me a visa because I applied spouse visa through EU and no problem after a year I got my visa.

If you mean you have a RC as a family member then that is not a 'visa'.

It does not confer (grant) any rights it simply confirms status (on day of issue).

If circumstances change, or you weren't actually the spouse of a recognised Union citizen, then it will be invalid.

If it doesn't come up beforehand (for example, with FP applications) it will most likely come up during any application for confirmation of PR.

[Noetic]

The only person in all his who is currently legally living and working in the UK seems to be your wife who is a UK citizen.

I would sincerely suggest you seek legal advice now since your own EEA permit was - unwittingly or deliberately - obtained by deception and you are not working here legally nor does your wife - with UK citizenship trumping Irish - have the option to sponsor any relatives on the EEA route.

[zarkjavaid]

@noetic I got visa for five years which says I'm allowed to work and can do business or whatever so I'm not worried about that

[noajthan]

If you mean you have a RC as a family member then that is not a 'visa'.

It does not confer (grant) any rights it simply confirms status (on day of issue).

If circumstances change, or you weren't actually the spouse of a recognised Union citizen, then it will be invalid.