how do i get my mother a visa

[cheesy]

My husband has irish citizenship and passport, but he was born in England (no British Passport yet,though) and we live in Florida. I am an American citizen and so is my mother. The 3 of us and our 2 year old daughter are moving permanently to England and will all need to work. My hubby already has a National Insurance number. How do I get one? What kind of entry visas will myself, my daughter and mother need (I think EEA Family permit)? Do I automatically get a work visa beacause I am married to an EEA national? How do I do that? How can my mother obtain a work visa before going to England? She does not qualify for HSMP. She is a 57 year old Spammy Spammer therapist who doesn't make a ton of money. If we were in a jam to get her a work visa, could my hubby and I open a business for her in our names and employ her? does my hubby need to apply for his british passport to make any of this easier?

thanks for any input or partial answers

[runie80]

Let me be the first one to say Welcome to the forum

I am sure you will get loads of positive input here

Family members of EEA nationals
If your family members are EEA nationals they will have the same rights as you to live and work in the UK. The information in this section applies to those of your family members who are not EEA nationals (non-EEA family members).
Back to questions

Can my family members join me in the UK?
Yes. If you have the right to live in the UK your family members can join you.

Under European Community law, your family members include the following:

* Your husband, wife or civil partner.
* Your children or the children of your husband, wife or civil partner (including adopted children). Children over 21 must be dependent on you or your husband, wife or civil partner.
* Your parents and grandparents or the parents and grandparents of your husband, wife or civil partner. Parents and grandparents must be dependent on you or your husband, wife or civil partner.

If you are a student, only your husband, wife or civil partner and your dependent children can join you.

Your extended family members, such as brothers, sisters and cousins, do not have an automatic right to live with you in the UK. However, we will consider applications for your other relatives to join you if you are a qualified person in the UK and:

* they are dependent on you, and you lived together in an EEA member state, and
* they meet the requirements of the Immigration Rules for other dependent family members (see our Family members guidance)

Unmarried partners are also considered as extended family members. We will consider applications for unmarried partners to join you if you are a qualified person in the UK and they meet the requirements of the Immigration Rules for unmarried partners (see our Husbands, wifes and partners guidance).

What is an EEA family permit?
An EEA family permit is a form of entry clearance that we give free of charge so that members of your family who are not EEA nationals can travel with you or join you in the UK.

How do my family members apply for a family permit?
They can apply for the EEA Family Permit at any British mission overseas that offers a full service visa-issuing office. If they are applying for an EEA family permit from within the EEA, they will need to show that they are lawfully resident in an EEA member state.

If they are applying for an EEA family permit from outside the EEA (and are not lawfully resident in an EEA member state), they will also need to meet the requirements in the Immigration Rules for leave to enter the UK.

They can apply in a number of ways, for example by post, by courier, in person and online. The visa section of your nearest British mission overseas will tell them about the ways in which they can apply.

Some visa sections will only accept applications made online. To find out if you can apply for your visa online plesse visit www.visa4uk.fco.gov.uk

If they cannot apply online, each non-EEA family member over 16 will need to fill in a visa application form (VAF 1 – non-settlement). They can download the form from this website, or get one free of charge from their nearest British mission overseas where there is a visa section.

I am not a Immigration specialist but i can read law and understand law.

The above information has been sourced from the following link
http://www.ukvisas.gov.uk/servlet/Front ... 068382#Q13

Please feel free to correct me if i am wrong

[Wanderer]

To be hones I think u'll struggle with ur mother. Whilst there is provision under EU rules for her to join you it would be only if she were totally dependant on you now.

HSMP is out, and WP is too, it's not so simple as opening an business and employing her, first it's looks dodgy, the HO aren't daft, and the employer is obligated to fully investigate the local, then EU market for a candidate, via job adverts and interviews before explaining why none of them are suitable and ur mum is.

Sorry, it's not good news, however others might offer different opinions but I think i'm correct on this one.

[sakura]

My husband has irish citizenship and passport, but he was born in England (no British Passport yet,though) and we live in Florida. I am an American citizen and so is my mother. The 3 of us and our 2 year old daughter are moving permanently to England and will all need to work. My hubby already has a National Insurance number. How do I get one? What kind of entry visas will myself, my daughter and mother need (I think EEA Family permit)? Do I automatically get a work visa beacause I am married to an EEA national? How do I do that? How can my mother obtain a work visa before going to England? She does not qualify for HSMP. She is a 57 year old Spammy Spammer therapist who doesn't make a ton of money. If we were in a jam to get her a work visa, could my hubby and I open a business for her in our names and employ her? does my hubby need to apply for his british passport to make any of this easier?

thanks for any input or partial answers

That's a lot of questions...lemme try and answer them all!

What kind of entry visas will myself, my daughter and mother need (I think EEA Family permit)?

Is your husband eligible for British Citizenship? When was he born?
Leaving aside your mother for now...you and your daughter can apply two different ways.
1. If your hubby is a British Citizen, then you can apply for a two-year spouse visa, which entitles you to work, study, do anything in the UK. Assuming the child is his (or has been legally adopted by him), she should already a British Citizen so needs only to register as such via the British Embassy in the US. She is also probably an Irish citizen. So she obviously wouldn't need a visa, if she is British and/or Irish (since she's an EEA national).
The spouse visa would allow you to apply for Indefinite Leave to Remain (ILR - the same as permanent residency) in 2 years, subject to the Life in the UK test (and any other subsequent requirements added on). After 12 months on ILR, you can apply for naturalisation.

2. If you choose not to apply for a spouse visa, then you can use the 5-year EEA family permit. As above, your child is already British and/or Irish so doesn't need a visa. You apply for the permit - which allows you to work, study, do whatever you like. After the 5 years, you apply for Permanent Residency using the EEA4 application. After 12 months on PR, you can apply for naturalisation.

Do I automatically get a work visa beacause I am married to an EEA national?

The EEA permit or spouse visa both allow you to work, study, etc. But if you intend to study, remember that since you're not an EEA national yet, or have ILR/PR yet, you are an International fee paying student. Also remember that you cannot use public funds whilst on a visa.

How can my mother obtain a work visa before going to England?

I'd need more details about your mother in regards the EEA permit. Where does she live? Is she married/single/widowed? Does she get any financial support from you? You would need to meet the requirements for parents to apply for the EEA permit for her, so we need more info. As for a working visa - she has literally nil chance of obtaining one in her work field. Even if you were to open a shop, you'd need to find 'local' (UK/EEA) people before being allowed to sponsor her for a visa.

NI card...you apply at your local Jobcentre for one.

BTW - how long have you and your partner been married?


I think all of this is right - someone else can clarify if I've gone wrong somewhere.

[JAJ]

My husband has irish citizenship and passport, but he was born in England (no British Passport yet,though) and we live in Florida. I am an American citizen and so is my mother. The 3 of us and our 2 year old daughter are moving permanently to England and will all need to work.

Assuming he was born before 1983, your husband is a British citizen also. Your daughter is also a British citizen.

The domestic UK spouse visa gives a faster route to permanent residence than the EEA option, have you considered this? http://www.ukvisas.gov.uk

It's strongly recommended to get your daughter a British birth certificate from the Embassy in DC.

And your husband? Has he got a green card in the U.S.? If so (ie, he's not also a U.S. citizen), has he thought through the consequences of abandoning his permanent residence?

[VictoriaS]

Even if he were born after 1983, you could apply using the UK rules, as Irish nationals coming to the Uk will be treated as if they are settled. he has no need to apply for his British passport to do any of this.

It is very difficult to get residence visas for parents under retirement age. have a look at www.ukvisas.gov.uk and check out the rules for elderly dependent relatives. I am afraid that I doubt that your mother will qualify.

Victoria

[cheesy]

I have new a new light to shed on this "mother" siuation. My mom's mother was born in Germany. If i can obatin that birth cert and hence a german passport, will my mom be allowed into england to live and work as a member of the EU? This is assuming i can get this birth cert of a woman who's been dead for 50 years!

[JAJ]

I have new a new light to shed on this "mother" siuation. My mom's mother was born in Germany.

Being born in Germany does not in itself make you a German citizen. Was your grandmother of German parentage?

Even if she was, you need to know that prior to 1975, German mothers could not normally pass on their citizenship.

[cheesy]

yes, i did find that out. My grandmother was born in 1923 in germany hence it does NOT automatically make my mother, born in usa, a citizen. BUT my grandfather was the American born son of a german jew. Anna, my great grandma would have been born somewhere in the realms of 1900 in germany. I read about a "loophole" in the german ancestry that if you were in germany and a jew between 1933 and 45 you could possibly have your german ancestry "returned" to you. Any info?


We're just trying EVERY avenue to move my mother and; have her able to work seems to be a bonus! She's my ONLY family and we are determined to move our little family unit over to England to be with a huge network of my hubby's family.

Please Help!!

Thanks

[cheesy]

or how about an overseas domestic worker? If my hubby and I employ her as our nanny/housekeeper and write that we've been doing that for over a year already...she can at least get in and stay one year. Does that visa prohibit her from working another job besides the nanny job? Can she live in her own accommodations?

thanks

[Wanderer]

or how about an overseas domestic worker? If my hubby and I employ her as our nanny/housekeeper and write that we've been doing that for over a year already

Would that be the truth tho?