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Posted

Hello,

I am helping my girlfriend to prepare her mum's visa application to visit us in the UK. However, we are finding the form really difficult to complete. We have the following questions:

1) Her mum is divorced and she doesn't know her ex-hubby whereabouts. The form is asking for the address, phone number and mobile number. Would it be ok to put 'Not known'?

2) Her mum asked her bank (Siam Commercial Bank) a bank statement to use to request the visa. The bank gave her a sheet that only says the she owns one current account and one savings account. There aren't amounts for either, for the savings account it offer this detail:

Balance - (X) Low ( ) Medium ( ) High - SIX Figures.. Is this enough?

Thanks,

Giruzz

Posted

If I haven't got my wires crossed, you're a citizen of an EEA country and your girlfriend has a residence card as your unmarried partner.

Should this be so, your girlfriend's mother can apply for a family permit free of charge and you don't need to worry about bank statements, accommodation, intention to leave the UK etc.

Scouse.

Posted

If I haven't got my wires crossed, you're a citizen of an EEA country and your girlfriend has a residence card as your unmarried partner.

Should this be so, your girlfriend's mother can apply for a family permit free of charge and you don't need to worry about bank statements, accommodation, intention to leave the UK etc.

Scouse.

Hello Scouse,

Thanks for the help but I am not sure if her mum qualify. The Guidance for EEA and Swiss family members (INF 18) is mentioning that:

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.

I am an EU Cit, my girlfriend is on a 'Residency Card of a Family Member of an EEA National'. It seems that you either need to be married or in a civil partnership and also the parents must be dependant. We are not married and her mum is not our dependant.

What do you think?

Thanks,

giruzz & waravan

Posted

I think that you should not place so much reliance upon the UK Border Agency information leaflets, which don't have any basis in law.

Regulation 7(3) of the Immigration (European Economic Area) Regulations 2006 states:-

...a person who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card shall be treated as the family member of the relevant EEA national for as long as he continues to satisfy the conditions in regulation 8(2), (3), (4) or (5) in relation to that EEA national and the permit, certificate or card has not ceased to be valid or been revoked.

In other words, although you and Waravan are not married, she is considered to be your family member. You can then set about thinking about her mum. Do you have evidence of regular financial remittances to mum in Thailand? If so, this could demonstrate her (mum's) dependency.

Scouse.

Posted

I think that you should not place so much reliance upon the UK Border Agency information leaflets, which don't have any basis in law.

Regulation 7(3) of the Immigration (European Economic Area) Regulations 2006 states:-

...a person who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card shall be treated as the family member of the relevant EEA national for as long as he continues to satisfy the conditions in regulation 8(2), (3), (4) or (5) in relation to that EEA national and the permit, certificate or card has not ceased to be valid or been revoked.

In other words, although you and Waravan are not married, she is considered to be your family member. You can then set about thinking about her mum. Do you have evidence of regular financial remittances to mum in Thailand? If so, this could demonstrate her (mum's) dependency.

Scouse.

Oh..interesting...we never sent a penny to Thailand (funny enough is her mum that already paid all the expenses for the European trip). Is this going to be a problem or shall we try?

Assuming we try and the visa is refused. Would it be a problem if we apply the same/following day for a visitor visa?

Last question, does her brother qualify too for a Family Permit? (he is a 20yrs student)

Thanks,

giruzz

Posted

I think that you should not place so much reliance upon the UK Border Agency information leaflets, which don't have any basis in law.

Regulation 7(3) of the Immigration (European Economic Area) Regulations 2006 states:-

...a person who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card shall be treated as the family member of the relevant EEA national for as long as he continues to satisfy the conditions in regulation 8(2), (3), (4) or (5) in relation to that EEA national and the permit, certificate or card has not ceased to be valid or been revoked.

In other words, although you and Waravan are not married, she is considered to be your family member. You can then set about thinking about her mum. Do you have evidence of regular financial remittances to mum in Thailand? If so, this could demonstrate her (mum's) dependency.

Scouse.

Oh..interesting...we never sent a penny to Thailand (funny enough is her mum that already paid all the expenses for the European trip). Is this going to be a problem or shall we try?

Assuming we try and the visa is refused. Would it be a problem if we apply the same/following day for a visitor visa?

Last question, does her brother qualify too for a Family Permit? (he is a 20yrs student)

Thanks,

giruzz

My understanding: Although Waravan's status is that of EEA Family Member as opposed to Extended Family Member the change in status does not confer the right for her mother to be considered an EEA Family Member. That right remains reserved for the mother of a EEA national's spouse or civil partner.

I believe OPs intial assumption is correct.

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