EEA Family Visit Visa

[Gretta]

Hiya! Hows everyone here? Hope you are all keeping well. It's been awhile I havent open my account...been too busy from work...Which is good I suppose! lol.

I would just like to ask for any help/advice regarding my future plan. My husband and I are planning to take my parents who are in the Philippines to visit the UK for perhaps less than 6 months as our birthday gifts for them. Now, the thing is my husband is an EEA National living here in the UK for almost 30 years now. We are married and I hold a residence card of a family member of an EEA national. My question is can my parents be eligible for EEA family visit or family visitor?

Thank you...hope to hearing from you.

Gretta

[Adhing]

Hi Gretta,

I apologise if I won't be answering your question because unfortunately, I don't know the answer. I have this reply, 'cause when I read your status - you have a husband who is an EEA national and you hold a Residence Card of a family member of an EEA national, I suddenly thought that maybe you could help me.. :)

My fiancé is an EEA national living here in the UK for over a decade and my entry visa here is an EEA family permit (fiancée) which is valid for 6 months only. We are getting married soon and I don't know my next step. I received 2 different answers from my post and I'm still making an investigation. Yet, I still don't have a valid answer.

Anyway, I hope your parents will be given a chance to travel here in the uk. :)
Sorry if my reply is off-topic.

Adhing

[Gretta]

Hi Adhing, my advice is that after you got married, apply for residence card. It's free you only need to pay for the postage. That's what I did.

[Terpe]

Hi Gretta,

I apologise if I won't be answering your question because unfortunately, I don't know the answer. I have this reply, 'cause when I read your status - you have a husband who is an EEA national and you hold a Residence Card of a family member of an EEA national, I suddenly thought that maybe you could help me.. :)

My fiancé is an EEA national living here in the UK for over a decade and my entry visa here is an EEA family permit (fiancée) which is valid for 6 months only. We are getting married soon and I don't know my next step. I received 2 different answers from my post and I'm still making an investigation. Yet, I still don't have a valid answer.

Anyway, I hope your parents will be given a chance to travel here in the uk. :)
Sorry if my reply is off-topic.

Adhing

Adhing,

You did not respond to my questions in your own thread.

Your situation is somewhat complex in that UKBA does not normally issue Family Permit for Fiancee as that is not recognised as family members or extended family members in the EEA Regulations unless you can show durable relationship (generally means co-habiting)

However UKBA do have special case approach for fiancee of EEA nationals under paragraph 290 of the UK Immigration Rules.
Generally this involves applying under UK Rules and paying the needed visa fee.
Now, under paragraph 290 of the UK Immigration Rules, an EEA national who is a qualified person in the UK is considered as present and settled if they have permanent residence.

This means you have most probably been assessed under the Immigration Rules and not the EEA Regulations.

Without full knowledge of your current status no-one can give you any meaningful advice.

If my guess is correct then your best option is to contact UKBA and have them inform you of your status here in UK and what next steps you must take to remain here legally.

Sorry to Gretta for off-topic posting :icon_sorry:

[Terpe]

Hiya! Hows everyone here? Hope you are all keeping well. It's been awhile I havent open my account...been too busy from work...Which is good I suppose! lol.

I would just like to ask for any help/advice regarding my future plan. My husband and I are planning to take my parents who are in the Philippines to visit the UK for perhaps less than 6 months as our birthday gifts for them. Now, the thing is my husband is an EEA National living here in the UK for almost 30 years now. We are married and I hold a residence card of a family member of an EEA national. My question is can my parents be eligible for EEA family visit or family visitor?

Thank you...hope to hearing from you.

Gretta

Hi Gretta,

Interesting question.....no simple answer.

Your parents might be able to visit UK under EU regulations as 'Family Members' if they are dependent on you.
If you can show that they are dependent on you then they can apply to the British Embassy for UK entry clearance Family Permit.

If they are not dependent on you then they'll need to apply for UK visit visa in the usual way.
Hope that helps

[Gretta]

Hi Terpe,

Thanks for the info. In terms of Visa form what will be the best or correct form they need to fill up? I was reading the VFS website regarding visas and the EEA family visit comes up with no charge if they apply for family permit. What will be the necessary documents to show that they are dependent on me or both of me and my husband? We wanted them to visit the UK for just a short period. Any help help be appreciated. Many thanks.

Gretta

[Terpe]

Hi Gretta.

Here's what the UKBA regulations state:-



5.1.2 Dependency

In determining if a family member or extended family member is dependent (i.e. financially dependent) on the relevant EEA national for the purposes of the EEA Regulations:

Financial dependency should be interpreted as meaning that the person needs financial support from the EEA national or his/ her spouse/civil partner in order to meet his/her essential needs – not in order to have a certain level of income.

Provided a person would not be able to meet his/her essential living needs without the financial support of the EEA national, s/he should be considered dependent on that national. In those circumstances, it does not matter that the applicant may in addition receive financial support / income from other sources.

There is no need to determine the reasons for recourse to the financial support provided by the EEA national or to consider whether the applicant is able to support him/herself by taking up paid employment.

The person does not need to be living or have lived in an EEA state which the EEA national sponsor also lives or has lived

Gretta, if the above does not really apply then they'll need to apply for a regular Visit Visa.
The cost is not expensive (£80 per application), just that the granting of the visa can be unpredictable with compelling reasons to return home.

Hope this helps a little

[Gretta]

Thank you Terpe for your help.

Gretta