pinkpanter

Good Morning Everyone,

I hope you all are fine! I found this forum very useful and you all people are doing wonderful jobs. I personally thanks and prays to those whose useful advise saved a lot of my time and money.

I have been searching the similar question, but cannot found the similar circumstances. I am now British this year but holding the dual nationality (non-EEA). Previously, I was dependent on my EEA spouse. I had 5 years RC, then 1 year PR and now become BC.

My wife is European with Permanent Residence. My mother who is Non-EEA totally dependent on us (I and my EEA wife) and we have been sending regular money for the last three years. Now the circumstances of my mother's health is very critical and she can barely walk due to her joints problem. I can proof all the dependencies etc. However, my question is that am I eligible to apply for EEA FAMILY PERMIT for my mother. I could not find any specific law for BC with NON- EEA DUAL NATIONALITY HOLDER legislation on the EEA Directives' website and wondering if you could help me. You could imagine the person's situation who cannot walk and nobody around her to help for her food and other necessities.


Also does this DUEL national rule apply to dual (UK/NON-EEA) national? OR in other words can I use my NON-EEA passport with my EEA Spouse for my mother's FP?

I would be grateful if you could advice me and I would be much appreciated and thankful all of my life!!

BritInParis

If it was your wife's mother then she would be eligible. As the parent of a British citizen your mother would need to apply for a family visa.

Be aware that proving dependency to the degree required to be granted the visa is very difficult. Be sure that your mother does meet the requirements before you apply.

https://www.gov.uk/join-family-in-uk/eligibility

pinkpanter

Thanks BritInParis!


Please note that my mother is also a direct family member of my EEA wife. I copied the quote from directive:


EUN2.6 Who are an EEA national’s core family members?
The family members of an EEA national (part 7 of the EEA Regulations) include:

• spouses or civil partners;
• direct descendants of the EEA national or their spouse/ civil partner under 21;
• dependent direct descendants of the EEA national or their spouse/ civil partner 21 and over;
• dependent direct relatives in the ascending line, for example parents and grandparents of the EEA national or their spouse / civil partner.

Financial dependence should be interpreted as meaning that the family member needs the financial support of the EEA national or his or her spouse/ civil partner in order to meet the family member’s essential needs in the country where they are present - not in order to have a certain level of income.
Important: If the applicant is the spouse or civil partner of the EEA national or a dependent child of either the EEA national or their spouse or civil partner is under 21 then they do not need to provide evidence of financial dependency and therefore this should not be requested from the applicant.

I am also holding Non-Eea passport

BritInParis

That would only apply if you were only an non-EEA spouse of a EEA citizen and therefore your mother was the mother-in-law of an EEA citizen. Now she's the non-EEA citizen mother of a British citizen.

HKG3

BIP - does it means that the OP would need to give up his British Citizenship in order for his mother to qualify as the EEA national's core family member?

BritInParis

If he wished to go down the EEA route, then yes. He can still sponsor his mother for a family visa as a British citizen but he will need to pay the associated fees.

The OP could first attempt for his wife to sponsor his mother-in-law for an EEA Family Permit, after all it's free of charge, but I highly suspect it would be refused on the basis that he is a British citizen and therefore EEA rules would not apply.