EEA application route for a Family member

[mhk2good]

I would like to obtain a EEU family member residency permit for my mother who is a non EU national (Ukrainian) but resides in a EU state (Bulgaria). I have dual Bulgarian and UK nationality.

Can I apply for the permit as a Bulgarian national, despite being a UK national as well? or do I have to go down the family member of a British national route because of my UK passport. Basically can I choose because of the dual nationality.

[Obie]

Is your mother dependent on you.

[mhk2good]

Hi

She isn't dependent on me at present. She has been resident in Bulgaria for now over 28 years and holds a residency card as a family member of EEA national BUT we are looking at options for her to join me in the UK. Without going into too much detail her relationship with my father is rather strained.

She will be dependent on me when in the UK, at least initially. I have looked at both sets of rules, EEA and the UK immigration route, and feel it will be very difficult under UK immigration rule to prove she has no relatives elsewhere who can support her, given my father is in Bulgaria and they are still married.

I zm not sure whether as a EEA national via my Bulgarian passport I can exercise EEA treaty rights for my Mum or if given I am also a UK national I need to stick to the UK immigration laws.

Thank you for your time

[Obie]

Your mum requires a visa.

She will not qualify as your family member because she is not dependent on you.

She may however qualify as an Extended family membet if you can show you both lived under your roof in the recent past.

You should be fine using your Bulgarian nationality , bearing in mind McCarthy.

[mhk2good]

Thank you again

Do I take it the Visa you mention below applies to actual entry clearance to come to the UK?

My concern was if we then after a period of time of her visiting the UK, on a family visitor visa decide she is looking to stay here on more permanent basis go down the route EEA family member. Would she still not be classed as family member providing she will be dependent on me whilst in the UK? and am I correct thinking that then I can use the Bulgarian nationality to apply for EEA family residence card in the UK?

[mhk2good]

Also, what did you mean by " bearing in mind McCarthy"?

[mhk2good]

Pls ignore the "McCarthy" question...Have just googled it all.. hmm interesting...

[Obie]

It is important to understand that dependency is a matter that is subject to assessment, factual circumstance characterise by the fact that material support is provided by the EU citizen to the dependant family member.

If someone applied for visitors visa, which would involve convincing an ECO that you have strong ties with your country to make you return, and then change after a period, it will call into question the genuine nature of the dependency.

If they show they are in employment, have a home, job, husband, then it is likely it will be concluded that they are not genuinely dependant and not covered by the directive.

Unlike spouse (family member) who only need their marriage certificate to prove they are family members, dependant family members need more.

Until they are assessed as being dependant, they have no automatic rights under the EEA Regulations or directive

[mhk2good]

I see....

I didn't realise "dependency" was so crucial a point in the case of parents.

You have made it a lot clearer, thank you.