# EEA family permit for mother-in-law



## Kermitklein (Jan 29, 2017)

Hi all!
First of all it's been a very interesting read throughout. I must say if it wasn't for most of you answering your questions on this forum, most of us would be lost. 
So onto my issue... I am a French/British dual national. I was born in France and moved to the UK in 1992. I obtained ILR in 1997. Got married in 2001 and my wife joined me initially on an Indian passport as the spouse of an EEA citizen. We both obtained British nationality in 2012.
We applied for my in laws to visit us twice last year (June 2016) and got refused due to an inept agent based in India. Anyway we given up at this point as my in laws also have an elderly mum to look after (she requires full time care). 
My father in law passed away on the 8th of Jan this year and had to make an emergency visit. I am writing this whilst still in India and due to fly back tomorrow. My wife is staying over to support my mum through the rest of the rituals etc. We want my mother in law to join us back in the UK. Now most of the disposable income she had went towards funeral expenses. She does have some money (amounting to roughly £15000) but all are within fixed deposits. She is 53, hardly educated, and has been a housewife all her life and has no skills to work. My father in law used to take care of the day to day activities like paying bills etc. My wife is the only daughter they have. I am going to be applying for a family permit. I am currently only working part time and am a full time student, my wife was made redundant from her work in October and was a student as well. She will remain in India until we can get my mother in law here.
Here are some sticking points:
- will me being only in part time employment be a problem ? I earn roughly £530/month and also have a summer job through a scholarship 
- I have been off sick for a month due to a recent ankle op. And this is going to reflect in my payslips if I need to show it. 
- my father in law does have a brother and he is willing to take care of my grandmother in law from now on as it cannot be done by one person. He cannot take care of my mother in law as well as he is only on a pension income himself and he is sitting his family. Besides the point though as traditionally it is upto the children to look after their parents and we are more than happy to oblige 
- we have roughly £2000-3000 in saving only. 
Apart from the usual document that I will submit, namely: 
- copy of my French passport 
-copy of my marriage certificate from 2001 which shows my mother in law's name 
- our tenancy agreement
- a letter inviting my mother in law to stay with us addressed to the ECO

Any help or suggestion you can give me would be much much appreciated. I am willing to give up my British citizenship and leave my French one only if push comes to shove. 

Thanks in advance

Any other Doc's that I should submit


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## nyclon (Apr 3, 2011)

You can't apply for a Family Permit as you are British. Since you are British, you must follow UK rules. Your only choice would be to apply for an adult dependent visa. To qualify your mother-in-law would have to be both physically and financially dependent upon you which means she'd have to be destitute, be unable to handle daily basic tasks like feeding, clothing and bathing herself and have no relative no matter how distant who can take care of her.

Unfortunately, we have never seen anyone who has applied for this visa be successful.


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## Kermitklein (Jan 29, 2017)

Hi. Thanks for the quick reply. Would it better for me to give up my British nationality first then apply? I will then be living on my French citizenship which already qualified with ILR.


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## nyclon (Apr 3, 2011)

Since she is not financially dependent on you and there is a relative who may find it inconvenient, but could take care of her I think it will be very difficult.


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## HKG3 (Jan 11, 2015)

Kermitklein said:


> Hi. Thanks for the quick reply. Would it better for me to give up my British nationality first then apply? I will then be living on my French citizenship which already qualified with ILR.


Would the OP's ILR still valid after he has taken up British Citizenship?


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## Kermitklein (Jan 29, 2017)

I will be making an initial application. I will be sending her money when I am back home as she has literally nothing to survive on. 
In the case of Surinder Singh, they could not apply from the UK as he was not exercising treaty rights. On the other hand I was even before becoming British and will still be exercising my treaty rights once I become French only after renunciation of my British citizenship if it comes to it. Will that stand for anything?


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## nyclon (Apr 3, 2011)

She has £15,000 pounds and a relative who can take care of her. That is what's relevant.


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## HKG3 (Jan 11, 2015)

Kermitklein said:


> I will be making an initial application. I will be sending her money when I am back home as she has literally nothing to survive on.
> In the case of Surinder Singh, they could not apply from the UK as he was not exercising treaty rights. On the other hand I was even before becoming British and will still be exercising my treaty rights once I become French only after renunciation of my British citizenship if it comes to it. Will that stand for anything?


I don't think you, as the son-in-law, is eligible. It will be your wife, as the daughter, who needs to exercise EEA treaty rights in order to apply for the EEA family permit on your mother-in-law's behalf. Does the OP's wife got another European citizenship?

https://www.gov.uk/family-permit/eligibility

For Surinder Singh, the whole family will need to move to another EEA country to start with. Have you got anyone in mind?


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## Kermitklein (Jan 29, 2017)

From what I read, and please correct me if I am wrong, EEA free movement extend to the spouse if I am exercising free movement?


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## HKG3 (Jan 11, 2015)

Kermitklein said:


> From what I read, and please correct me if I am wrong, EEA free movement extend to the spouse if I am exercising free movement?


Yes, but I don't think this includes the in-laws.

Your wife will need to be the one who exercise EEA treaty rights in order for your mother-in-law (being your wife's dependent parent) to get her EEA family permit.


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## Crawford (Jan 23, 2011)

The wife had an Indian Passport before becoming British. 

So _she_ cannot sponsor her mother under EEA Family permit.


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## HKG3 (Jan 11, 2015)

Crawford said:


> The wife had an Indian Passport before becoming British.
> 
> So _she_ cannot sponsor her mother under EEA Family permit.


While the OP's wife cannot sponsor her mother under the EEA family permit in the UK, she can do so in another EEA country as long as she meets the requirements.


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## Crawford (Jan 23, 2011)

HKG3 said:


> While the OP's wife cannot sponsor her mother under the EEA family permit in the UK, she can do so in another EEA country as long as she meets the requirements.


Yes of course, IF she moves to another country - a situation which has not been put forward by the OP.


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## nyclon (Apr 3, 2011)

Crawford said:


> The wife had an Indian Passport before becoming British.
> 
> So _she_ cannot sponsor her mother under EEA Family permit.


This is a good point. Both of you would have to give up your British citizenship to go the EEA route.


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## Kermitklein (Jan 29, 2017)

I have just asked her and she is willing to do so. Just on my way to the airport now. As far as our status was concerned back home. What would we be classed as.. it is a bit daunting with the prospect of Brexit...


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## HKG3 (Jan 11, 2015)

Kermitklein said:


> I have just asked her and she is willing to do so. Just on my way to the airport now. As far as our status was concerned back home. What would we be classed as.. it is a bit daunting with the prospect of Brexit...


The OP's wife, as a British Citizen, can exercise EEA treaty rights in another EEA country (not the UK). She can exercise EEA treaty rights by - 

1) Working
2) Self-employment
3) Study / Education
4) Self sufficient

For Surinder Singh, the OP's wife will need to move her 'centre of life' to the other EEA country in order to qualify. Does the OP and his wife have any EEA country in mind for the Surinder Singh route?


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## Crawford (Jan 23, 2011)

Kermitklein said:


> I have just asked her and she is willing to do so. Just on my way to the airport now. As far as our status was concerned back home. What would we be classed as.. it is a bit daunting with the prospect of Brexit...


What have you asked her to do? Give up her British citizenship? For what? 

Unless I have misunderstood your citizenships, your wife is British and Indian. If she gives up her British citizenship, her Indian citizenship will not allow her to move to anywhere in Europe nor sponsor her mother via an EEA Family permit.

You, the husband must give up British citizenship (you have French citizenship also) and then you can apply for an EEA permit for your mother in law if you can show she is fully dependent on you.

_Qualifying as a family member

You must be the EEA citizen’s spouse or civil partner, *or related to them (or their spouse or civil partner)* as their:

child or grandchild under 21 years old, or dependent child or grandchild of any age

*dependent parent *or grandparent

Family members who are adopted under an adoption order that is recognised in UK law are regarded the same as natural family. Read the guidance on adoption and settlement._


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## Kermitklein (Jan 29, 2017)

Hwy Crawford, sorry for any confusion. I asked my wife if that's one of the steps we had to take, then how she would feel about it. It is just to basically add another bow to our string and use it if it becomes necessary. Of course I will give up my Brit Cit although reluctantly but I will if I must. Thanks for your ongoing support. I would be interested to know anyone elses thoughts.


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## Kermitklein (Jan 29, 2017)

HKG3 said:


> The OP's wife, as a British Citizen, can exercise EEA treaty rights in another EEA country (not the UK). She can exercise EEA treaty rights by -
> 
> 1) Working
> 2) Self-employment
> ...


How long will she need to be in the other country? Say as a student or self sufficient?


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## Joppa (Sep 7, 2009)

If UK is to feature as your long-term plan of settlement, giving up British citizenship is a bad idea, especially in the post-Brexit world. There is no point in getting residency right under EEA rules, only to have it changed or taken away and you have to reapply under UK regulations without citizenship. While you can regain your citizenship (once only), it's something you should proceed very cautiously.


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## freezing (Jan 2, 2016)

Kermitklein said:


> Hi. Thanks for the quick reply. Would it better for me to give up my British nationality first then apply? I will then be living on my French citizenship which already qualified with ILR.


I wouldn't give up my nationality just for this process...if u plan to stay in the Uk that is.


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## Kermitklein (Jan 29, 2017)

Joppa said:


> If UK is to feature as your long-term plan of settlement, giving up British citizenship is a bad idea, especially in the post-Brexit world. There is no point in getting residency right under EEA rules, only to have it changed or taken away and you have to reapply under UK regulations without citizenship. While you can regain your citizenship (once only), it's something you should proceed very cautiously.


Hi Joppa!! Thank you for your answer, yes I totally agree with you although as it has been mentioned, under GB rule is virtually a no go area and don#t see any other way about it. I did not realise you were allowed to regain citizenship post renunciation. Thanks for that bit of information!!


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## HKG3 (Jan 11, 2015)

Kermitklein said:


> I did not realise you were allowed to regain citizenship post renunciation. Thanks for that bit of information!!


As both the OP and his wife got their British Citizenship via naturalization, they are British Citizen otherwise than by descent. This means that their children born overseas will, as a matter of course, be a British Citizen.

However, if you were granted British Citizenship via resumption (using form RS1), then you will be a British Citizen by descent, which means that any children born outside of the UK will not automatically get British Citizenship.


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## HKG3 (Jan 11, 2015)

Kermitklein said:


> How long will she need to be in the other country? Say as a student or self sufficient?


There is no 'set' period. In order to be successful in going down the Surinder Singh route, you need to show the UK Home Office that both the applicant (in this case, the OP's mother-in-law) and the British family member (the OP's wife) that - 

1) They live together in another EEA country.
2) Both of them are 'integrated' into the host EEA country.

https://www.gov.uk/family-permit/surinder-singh

The need to fulfill the second point will determine how long the stay will be.


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