EEA Family Permit for Mother-in-Law of European National

[Mirabell]

Dear All,

I'm about to apply for EEA Family Permit for my widowed mother. My husband is European National from France, I hold Non EEA Resident document for 5 years.
Can we apply for EEA Family Permit if my mother is financially dependent from me (non eu national spouse of eu national) as it says
If you are an EEA or Swiss national, your non-EEA family members who have the right of residence in the UK the parents or grandparents of you and your husband, wife or civil partner, if they are dependent on you.

The documents we acquired so far:
1. Passport copy certified by French Embassy of my husband
2. Marriage certificate and my birth certificate legalised, that's to show link to European National.
3 Invitation letter from my husband declaring my mother will be joining him in UK and live in our house (rental agreement, proof of addresses for both of us).
4. Proof of employment for my husband: contract, letter from employer, wage slip for 1 month only as he started to work 28.01.13. Would it be a problem?
5. My bank statements for 6 months as I run all the finances in the family. I opened joint account for us on 15.02.13 and can provide print out from it showing some savings and 1 BACS from my husband work place. Is it going to be problem that my husband's bank personal account is inactive?
6. As evidence of my mother's financial dependency from me: proof she lives in my house at the country of origin, she receives monthly income from my other house rental, she's unemployed with proof from Social Dept, she's not in receipt of unemployment allowance though, it's too little money to claim for.

The docs we have slightly shady.
Has anyone successfully applied for EEA Family Permit for their Non EU nationals parents in law???

I would truly appreciate any advise.

[EUsmileWEallsmile]

It is possible to apply for a family permit for dependents in the ascending line.

It might be worth your while reviewing this document.

http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF

[Mirabell]

Thanks for reply, I read it before, but it doesn't answer my questions regarding my mother's dependency from me as spouse of EU National. And whether the current documents we have to prove dependency are enough.

It's all obscure with different interpretations isn't it.

[Mirabell]

Forgot to mention important information. We already tried to apply for General Visitor visa for my mother got refusal (lack of docs about herself). Decided not to appeal as don't have time to wait. I'm returning back to work after maternity leave and need mother to look after our child. ECO specified under regulation paid / unpaid employment not allowed.

So I suppose the only root would be EEA Family Permit for my mother.

If anyone had previous experiences bringing parents of non EU National to UK please share.

[frei]

She is a dependant of an EEA national and thus be issued a FM, well speaking categorically from the German perspective such documents you have listed would get you freedom of movement visa.

The documents you have would suffice the application, the question is if UKBA will accept her as OFM and indeed she falls into this category.

[Mirabell]

Thank you for reply. My mother is not directly dependent from my husband the French national, she's dependent from me.
I wonder what kind of excuse ECO will use this time around.

[harmeetsingh]

Hi.
I applied EEA family permit for my parents as well. In my case my parents are not financially dependent but physically they are old and week. My father just recovered from cancer and after 2 years of treatment he is very weak. My mother as well suffer from bone problems. I applied their visa on basis of physical dependency. What do you guys think about chances of them getting EEA family permit.

[frei]

Thank you for reply. My mother is not directly dependent from my husband the French national, she's dependent from me.
I wonder what kind of excuse ECO will use this time around.

Was she a member of your household before migrating to the UK? That is a little tricky as she normally has to be dependent on your spouse. I would suggest you submit the application and wait for the outcome.

Your own direct family member could avail of the EEA regulation but I am unsure in the case of dependency on yourself

[vinny]

EUN2.9 How do I establish dependency under the EEA Regulations?

[frei]

Hi.
I applied EEA family permit for my parents as well. In my case my parents are not financially dependent but physically they are old and week. My father just recovered from cancer and after 2 years of treatment he is very weak. My mother as well suffer from bone problems. I applied their visa on basis of physical dependency. What do you guys think about chances of them getting EEA family permit.

To be a dependant would mean to be dependent on someone for something, it wouldn't matter if physical, health of finance, whatever the nature it need's to be well documented. For example you would need to explain how they are being catered for whilst you have been in the UK

Are you the EEA national yourself ?

[Mirabell]

EUN2.9 How do I establish dependency under the EEA Regulations?

Thank you Vinny.
I think that clarifies.

[vinny]

See also
Moneke and others (EEA - OFMs) Nigeria [2011] UKUT 341 (IAC) (22 August 2011)
Moneke (EEA OFMs - assessment of evidence) Nigeria [2011] UKUT 430 (IAC) (11 November 2011)

[harmeetsingh]

Hi.
I applied EEA family permit for my parents as well. In my case my parents are not financially dependent but physically they are old and week. My father just recovered from cancer and after 2 years of treatment he is very weak. My mother as well suffer from bone problems. I applied their visa on basis of physical dependency. What do you guys think about chances of them getting EEA family permit.

To be a dependant would mean to be dependent on someone for something, it wouldn't matter if physical, health of finance, whatever the nature it need's to be well documented. For example you would need to explain how they are being catered for whilst you have been in the UK

Are you the EEA national yourself ?

Hi.
Thanks for your reply.I am non-eu family member of EU citizen. I provide proofs of my parents sickness and that they are old and can not manage themselves any more.In last one year I had to go back home for around 5 months to look after them.Both my parents are very weak and sick.there is no one near them to look after.We provide every possible thing to prove that.Hopefully they will be issued EEA family permit.

[Obie]

It is difficult to see where the UK derive wholly or mainly dependant from.

According to the caselaw, the status of Dependent family member is characterised by the fact that material support is required from the EU nation who has exercised treaty rights, for the family member in the ascending line to meet their essential needs.

This does not preclude support from 2 or more people.

[frei]

Hi.
I applied EEA family permit for my parents as well. In my case my parents are not financially dependent but physically they are old and week. My father just recovered from cancer and after 2 years of treatment he is very weak. My mother as well suffer from bone problems. I applied their visa on basis of physical dependency. What do you guys think about chances of them getting EEA family permit.

To be a dependant would mean to be dependent on someone for something, it wouldn't matter if physical, health of finance, whatever the nature it need's to be well documented. For example you would need to explain how they are being catered for whilst you have been in the UK

Are you the EEA national yourself ?

Hi.
Thanks for your reply.I am non-eu family member of EU citizen. I provide proofs of my parents sickness and that they are old and can not manage themselves any more.In last one year I had to go back home for around 5 months to look after them.Both my parents are very weak and sick.there is no one near them to look after.We provide every possible thing to prove that.Hopefully they will be issued EEA family permit.

From the look of it you met the evidential requirement, and I see no reason why your parents shouldn't be granted EEA FM. Stay positive and please let's know how you get on.

Good luck.

[harmeetsingh]

I will defiantly post any update as soon as I get them.We hope to hear from embassy next week or the week after.Lets hope for best.

[vinny]

Dear All,

I wrote before about applying for EEA Family Permit for my mother. Unfortunately it got refused.

http://www.immigrationboards.com/viewto ... b9444f503e

Notice of Refusal:

You state that you are financially supported by your daughter and that you live in an apartment owned by your daughter and that you receive rental income from another apartment also owned by your daughter for your living costs. You stated income $320 a month. I note previously you applied as a general visitor and were refused on the 31.01.13. You stated you were self employed as a distributor, you made no mention in that application that you were financially dependant on your daughter or receive rental income. I also note intended visit for 6 moths and now one month later after being refused you state wish to settle in UK. I'm not satisfied that your now limited stated income is an accurate reflection of your current circumstance. The rental agreement has been issued 28.03.13, I'm not satisfied that this document has been issued solele for the purpose of this application.
You state that you live at ........You have provided a property document for this address in your daughter's name stating she purchased this apartment in 2006. I note that you provided a property ownership document for the 2nd flat again in your daughter's name that states this property was gifted to her on 06.03.10.
There is no evidence of rental income being received by you or into account since 2010 nor have you provided receipts to support this. I'm therefore not satisfied based on the evidence provided you are financially dependent on your daughter.

I refuse your EEA Family Permit because I'm not satisfied that you meet all the requirements of Regulation 12 of the Immigration (EEA) REgulations 2006.
___________________________________________________________
PLEASE HELP.

Mother scanned me receipts for getting rent from my property, is that sufficient enough for appeal? The ECO accepts the fact that mother lives in MY property rent free. Does this mere fact is enough to support our appeal.

Anxiously waiting for replies.

Much appreciated.

The ECO makes a whole bunch of other points. How correct are those?

[ANNABELL]

Hi Mirabell,

I have almost same situation right now. The only difference is that, she is in UK right now and i want to apply for EEA Family Permit before her general visa expires.
How your case went on??? I am sure you have experience already in that field.

Waiting for Your reply.

[devchauhan]

Dear Harmeet
You have written it long time back, but I hope you will read it, I am wondering if you have managed to get EEA FP for your mother by showing that she was physically dependent on you guys. how did it go? please reply as I am in a similar situation too.
regards

[CR001]

Dear Harmeet
You have written it long time back, but I hope you will read it, I am wondering if you have managed to get EEA FP for your mother by showing that she was physically dependent on you guys. how did it go? please reply as I am in a similar situation too.
regards

Kindly post your questions in your own topic rather than tagging onto one that is more than 4 years old.