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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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i am an eea national in UK. i am gettin married in pakistan

Customer Question

i am an eea national in UK. i am gettin married in pakistan and my wife will join me as a family member of eea national.
i also would like to sponsor un uncle to come visit the uk. Is it possible to do both in the same year?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

I am afraid that the only circumstance in which you would be able to apply for an EEA family permit for your uncle would be where your uncle is dependent on you.

This means that you would have to show that your uncle was wholly or mainly dependent on you in both a financial and emotional/social sense. So, he could only apply if you had been giving him money and the money that you were giving him was wholly/mainly attributable for him maintaining a reasonable standard of living.

I assume that this is not the case and on this basis he could not apply.

You will see confirmation of the fact that "family member" does not include uncles under the "What is a family member" dropdown menu on the following page:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/

You will also see that it is confirmed that extended family members (including your uncle) are required to be dependent upon you.

I am sorry.

Kind regards,


Tom


Customer: replied 2 years ago.

i understand that he cannot apply for an eea family member permit.


he will apply for a visit visa but can i sponsor him even though i am sponsoring my wife?

Expert:  Thomas replied 2 years ago.
Hi,

You're not sponsoring your wife in the traditional way.

You can submit a sponsorship declaration by attending a local immigration solicitor and executing it. It would confirm the visit, state that you would also be responsible to meet the costs of any unforseen expenses of the costs of your uncles stay and evidence this by enclosing your bank statements.

It would cost around £50+VAT and it would greatly help your uncle's application for a visitor's visa, yes.

If he otherwise meets the eligilbity criteria and he shows it with supporting evidence then he should receive his visitor's visa.

Kind regards,

Tom
Customer: replied 2 years ago.

so neither will affect the other? i mean for the decision from uk border agency?


 

Expert:  Thomas replied 2 years ago.
Hi,

The only way that getting your wife here under EEA rights would affect your ability to sponsor your uncle for a visitor's visa is the effect that it would have on your finances.

So, if you can afford to sponsors your uncle even though your wife is here then it will not make a difference.

The fact that you are able to sponsor your uncle does not necessarily mean that he will get his visa though, because your uncle will still have to show that he meets the eligibility criteria for a visitor's visa. However, it will help hugely.

Kind regards,


Tom
Customer: replied 2 years ago.

how much savings would you say i should have ? i am on 30k salary, is too low for both applications?

Expert:  Thomas replied 2 years ago.
Hi,

It depends on how much disposable income you have above your day-to-expenses and rent/outgoings, but if your wife is working then this will help.

It also depends on how long your uncle is visiting for. If he is visiting for a short period of time and you are able to show that you have £2000 in your account then it will be useful. The longer he plans to visit, the more you have to have but there is no set scale or amount that guarantees he will get his visa.

He has to show that he has compelling family/social ties in his home country that will compel him to return home. This is probably more important than you sponsoring him. You sponsoring him is very helpful but not determinative by itself alone.

Kind regards,


Tom
Customer: replied 2 years ago.

i have 1 more question


i am divorced and received decree absolute a few months ago, my first wife had also applied for an eea family permit.


do i now have to inform uk border agency about the divorce?

Expert:  Thomas replied 2 years ago.
Hi,

Did your first wife come to the UK on her family permit?

Where is she now?

Tom
Customer: replied 2 years ago.

yes she came on her family permit. she is still in UK.

Expert:  Thomas replied 2 years ago.
Hi

You should really have told them already. However, you will have to include in the new application a statement confirming that you are divorced, attaching the decree absolute and explaining that you were not aware that you should have told them already. them

If you do this then you should still be fine for your wife to apply.

If you have any more questions then i will have to answer tomorrow now.

Kind regards

Tom
Customer: replied 2 years ago.

really appreciate your help. thank you

Expert:  Thomas replied 2 years ago.
Hi

No problem. Please remember to rate my answer once you are done

Kind regards

Tom

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