EU settlement scheme family permit for mother in law

[Flpguilherme]

Hey,

My partner and I were granted with pre status through the eu settlement scheme(I’m holding a italian passport and he is brazilian).
I will try to get a family permit visa to my mother in law via EU Settlement Scheme, but I’m worried that they will ask for prove of dependency, which we don’t have it.
Some people are saying that through EU Settlement Scheme we are not required to prove that we are sending money, because dependency is assumed.
Have anyone applied and got it without sending prove of dependency or the home office still asking for it?
Many thanks

[Zerubbabel]

Hello

As an extended family member living abroad without an EEA card, your mother in law cannot use the EU Settlement Scheme. She needs to apply for an EEA Extended Family Member first.

The Home Office will do its best to refuse the application as they never liked the idea of dependent relatives. When it's extended family members, they are required to provide a proof of dependency and/or being part of the household.

[Flpguilherme]

Hello

As an extended family member living abroad without an EEA card, your mother in law cannot use the EU Settlement Scheme. She needs to apply for an EEA Extended Family Member first.

The Home Office will do its best to refuse the application as they never liked the idea of dependent relatives. When it's extended family members, they are required to provide a proof of dependency and/or being part of the household.

Are you sure? On the government website it doesn’t mention anything like that(?)

[Obie]

Hello

As an extended family member living abroad without an EEA card, your mother in law cannot use the EU Settlement Scheme. She needs to apply for an EEA Extended Family Member first.

The Home Office will do its best to refuse the application as they never liked the idea of dependent relatives. When it's extended family members, they are required to provide a proof of dependency and/or being part of the household.

Are you sure? On the government website it doesn’t mention anything like that(?)

Yes indeed Zerubabbel is clearly wrong.
Dependent parents are family member and not extended family members.

[Zerubbabel]

The mother in law is not a dependent parent.

Under the EU Scheme, the EEA card is a must unless the person is dispensed from having it in first place.

A family member of an EEA citizen (such as non-EEA wife) are not required to get an EEA card. As long as they live with and/or are depend of an EEA citizen exercising Treaty Right, they are - at least in theory - not even required to apply for an EEA card. The application for that card is not compulsory but recommended to demonstrate their rights under EEA.

For extended family members, the EEA card is compulsory. Their rights start when this card is delivered only.

Mother in law is EFM under EEA route. It means without her obtaining first an EEA card by EFM application, she doesn't have any right under EEA regulations. That means she cannot go through the EU Settlement Scheme.

[Obie]

You are wrong on this and we need not say much more on this matter.

The dependent parent of the spouse of an EEA national, is a family member within regulation 7, subject of course to the existence of dependency.

[Zerubbabel]

You are wrong on this and we need not say much more on this matter.

The dependent parent of the spouse of an EEA national, is a family member within regulation 7, subject of course to the existence of dependency.

The OP can try and see what happens.

Since Feb 1st, non-EEA nationals can't rely on the relationship to the partner of an EEA national but they need a relationship to the EEA national.

I have seen many people trying to bring the mother in law using the UESS from abroad. None of them succeeded to get an EUSS card to an extended family living abroad without having first an EEA card. I spoke with a couple of solicitors about it already and they recommend to not even trying.

[Obie]

I understand the UKVI February 2017 policy, even though I disagree with it.

I accept that it applies to all of the EEA national's spouse's relation besides the dependent parents of the EEA national's spouse.

If the person is a sibling, cousin's, neices, nephew of the EEA National spouse, then I will agree with you that they will not qualify.

If a solicitor says otherwise, then politely tell them that Obie from immigration board said they are wrong, and they may need to do a bit of reading of the regulations so as to enable them to be more conversant with its scope and applicability.

[Flpguilherme]

I understand the UKVI February 2017 policy, even though I disagree with it.

I accept that it applies to all of the EEA national's spouse's relation besides the dependent parents of the EEA national's spouse.

If the person is a sibling, cousin's, neices, nephew of the EEA National spouse, then I will agree with you that they will not qualify.

If a solicitor says otherwise, then politely tell them that Obie from immigration board said they are wrong, and they may need to do a bit of reading of the regulations so as to enable them to be more conversant with its scope and applicability.

Thank you Obie, would you know if still required to send prove of dependency?
Thanks for your help!

[Enka2018]

Proof of dependency is not required anymore
It is required only if applicant is :

a dependent child or grandchild of your EEA family member and you’re over 21

or

a dependent parent or grandparent of your EEA family member and they are under 18

[Leo_one]

The mother in law is not a dependent parent.

Under the EU Scheme, the EEA card is a must unless the person is dispensed from having it in first place.

A family member of an EEA citizen (such as non-EEA wife) are not required to get an EEA card. As long as they live with and/or are depend of an EEA citizen exercising Treaty Right, they are - at least in theory - not even required to apply for an EEA card. The application for that card is not compulsory but recommended to demonstrate their rights under EEA.

For extended family members, the EEA card is compulsory. Their rights start when this card is delivered only.

Mother in law is EFM under EEA route. It means without her obtaining first an EEA card by EFM application, she doesn't have any right under EEA regulations. That means she cannot go through the EU Settlement Scheme.

Hi with due respect im disagreed with your reply because my mother in law got family permit from Pakistan under EU settlement scheme in September 2019 and she came and got the 5 years pre settled residence card (BRC). So it is assumed parents from both side are dependent. Thanks

[Irfan1648]

Agreed, I’m British citizen and wife Dual U.K./EU citizen—- my parents got Eu settlement scheme family permit this month

[Adeel_ali]

Hi irfan can u help me regarding fp for ur mother in law what documents did u provide did u scan and upload on vfs website? And also how many money transfer receipts did u attached?
Ur help would me much appreciated

[Irfan1648]

Hi , we applied for my parents , my Mrs who is dual U.K./Eu national sponsored them

Under Eu settlement scheme dependency is assumed, you need to prove relationship - marriage certificate/ birth certificate.


But we have been sending them money therefore attached the receipts only

Documents were uploaded at VFS at the cost of 13£ per person , there is no fee under the scheme


If you need any further help , feel free to contact

[Adeel_ali]

Thanks for ur kind reply irfan just wondering if i need a Tuberculosis certificate of my mother i was about to upload documents on vfs website and it asks for a TB certificate,
Do we have to upload on vfs as well as add £13 to have them scan by vfs? i don’t understand this part can u explain please?

[Adeel_ali]

Thanks for ur kind reply irfan just wondering if i need a Tuberculosis certificate of my mother i was about to upload documents on vfs website and it asks for a TB certificate,
Do we have to upload on vfs website which is free to upload as well as add £13 to have them scan by vfs? i don’t understand this part can u explain please?

[Irfan1648]

There is no requirement for TB test if apply under EU Settlement Scheme family permit.


If you pay £13 then you don’t have to upload the docs yourself , just take them with you at VFS .

[Adeel_ali]

Thank u irfan for ur help, one last thing please what documents shall we upload where it asks for “Appendix II “
Gives a option to upload a file/documents ??
Thank you

[Irfan1648]

Now worries , please explain to me what’s your situation,

I did not upload the docs so I’m not sure, but it will certainly be option which explain you on the online application
At the end of the application it will creat a list of all the supporting docs you would require


Kind Regards

[Adeel_ali]

Thanks irfan ,
My wife holds italian passport and i am british citizen, i would like my mother to come here and stay with us for a while,

Can u help me what documents do we need? From my wife and from mother?

[docy2j]

The mother in law is not a dependent parent.

Under the EU Scheme, the EEA card is a must unless the person is dispensed from having it in first place.

A family member of an EEA citizen (such as non-EEA wife) are not required to get an EEA card. As long as they live with and/or are depend of an EEA citizen exercising Treaty Right, they are - at least in theory - not even required to apply for an EEA card. The application for that card is not compulsory but recommended to demonstrate their rights under EEA.

For extended family members, the EEA card is compulsory. Their rights start when this card is delivered only.

Mother in law is EFM under EEA route. It means without her obtaining first an EEA card by EFM application, she doesn't have any right under EEA regulations. That means she cannot go through the EU Settlement Scheme.

Hi with due respect im disagreed with your reply because my mother in law got family permit from Pakistan under EU settlement scheme in September 2019 and she came and got the 5 years pre settled residence card (BRC). So it is assumed parents from both side are dependent. Thanks

Dear Leo, may I ask what doucments your mother attached for pre settled status esp for proof of address in the UK as it is hard for parent to get bank accounts etc after moving to the UK as a proof of address. Waiting for your kind reply

[askmeplz82]

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[Leo_one]

The mother in law is not a dependent parent.

Under the EU Scheme, the EEA card is a must unless the person is dispensed from having it in first place.

A family member of an EEA citizen (such as non-EEA wife) are not required to get an EEA card. As long as they live with and/or are depend of an EEA citizen exercising Treaty Right, they are - at least in theory - not even required to apply for an EEA card. The application for that card is not compulsory but recommended to demonstrate their rights under EEA.

For extended family members, the EEA card is compulsory. Their rights start when this card is delivered only.

Mother in law is EFM under EEA route. It means without her obtaining first an EEA card by EFM application, she doesn't have any right under EEA regulations. That means she cannot go through the EU Settlement Scheme.

Hi with due respect im disagreed with your reply because my mother in law got family permit from Pakistan under EU settlement scheme in September 2019 and she came and got the 5 years pre settled residence card (BRC). So it is assumed parents from both side are dependent. Thanks

Dear Leo, may I ask what doucments your mother attached for pre settled status esp for proof of address in the UK as it is hard for parent to get bank accounts etc after moving to the UK as a proof of address. Waiting for your kind reply

Hi sorry I just logged in and saw your message. It is very easy just write a letter in which you confirm she lives with you and attached any bill on your name like council tax/ utilities. Thanks

[docy2j]

Dear Leo, could you please mention the list of documents you attached for you non eu parent in law for pre settled status please.
Thanks

[Flpguilherme]

Finally they made a decision on my mom’s visa, after a month!
They sent an email saying that her passport was sent to her.
Does anyone know when they don’t send an email with the refusal means it has been approved?