How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Lawyer21 Your Own Question
Lawyer21
Lawyer21, CILEx Lawyer
Category: Law
Satisfied Customers: 2915
Experience:  CILEx Lawyer
31642296
Type Your Law Question Here...
Lawyer21 is online now

We just need some advice in our case, We are in Wilmslow,

This answer was rated:

Good morning We just need some advice in our case
JA: Where are you? It matters because laws vary by location.
Customer: We are in Wilmslow, Cheshire
JA: What steps have you taken so far?
Customer: My mother in law is a Venezuelan citizen, she is atm in Italy, she applied 2 times for the EEA family permit as me and my wife are Italian citizens
JA: Anything else you want the Lawyer to know before I connect you?
Customer: But was refused alleged that she didn’t have enough prove of bee financially dependent of my wife
Customer: replied 1 year ago.
EEA family permit was refused 2 times, in July 2019 and in December 2019. In both cases allegedly no enough prove of been financially dependant on her daughter.
Customer: replied 1 year ago.
Is there another way we could bring my mother in law in the UK?

Hi How can I help?

I will read your question and respond

Did you appeal any of the decisions in July & Dec 2019?

Did the case go to court?

How old is your mother in law?

Since the decision of Dec 2019 - has anything changed?

Customer: replied 1 year ago.
We didn’t appeal to the decisions

How old is your mother in law?

Are you looking to re-apply?

Customer: replied 1 year ago.
She is 58 years old

Does she have any medical needs?

Where is her husband?

Are there any other siblings that can look after her?

Customer: replied 1 year ago.
We want to try again but not sure how to make it work this time

The issues raised in the previous 2 refusal letters, must be addressed in any visas that she applies for.

Even if she applies as a normal visitor - they can still refuse and go back to the previous immigration record.

Customer: replied 1 year ago.
She have no medical conditions

Do you have copies of the refusal letters?

Customer: replied 1 year ago.
She is separated for 30 year

Who is taking care of her in the past and now?

Customer: replied 1 year ago.
No other siblings able to take care of her. She had a tumor, now is fine but not able to work
Customer: replied 1 year ago.
we have copies of the refusals
Customer: replied 1 year ago.
My wife is sending money to her from years ago, she lived in Venezuela, but now is in Italy since our attempt to bring her with us

Are you able to attach? The test of dependency is not straight forward especially if she does not have any medical conditions or is able to look after herself. Her age is also less than 65 - you must show that she is dependant on the family members and that she is not able to support herself.

Customer: replied 1 year ago.
We live in Italy in a parent home, but we don’t have enough records of a big quantity of money sent, just the money sent by MoneyGram

Dependent parents, grandparents, children or grandchildren over 21 (of the EU national or his spouse) can qualify as long as they can prove to be financially dependant on the EU sponsor.

You may need to get a independent Expert report and submit this in support of the application to establish whether there is dependency

If you continue to rely on the same used/previous evidence - the Entry Clearance Officer can refuse again on the same grounds/basis.

This is where the new evidence - report from a independent Expert can prepare a report to demonstrate the needs and dependency required especially when it is known that parent's look after children when they are young and in many family traditions and cultures this passes to the children to look after their parents - hence dependency is passed on from one generation to the next.

Thank you for your question

Customer: replied 1 year ago.
this independent expert report could be enough to have the visa approved? Do you guys are able to help us elaborate this report?

Unfortunately on Justanswer we cannot have a lawyer-client relationship. This independent expert report coupled with the continued evidence of support and previous evidence used can certainty help and establish dependency and Article 8 of the ECHR.

Of course it will be upon the Home Office to decide whether to accept or not - however if the application is refused - you need to challenge the decision and appeal. If you do not then it shows that the decision is correct and was not challenged - if you appeal it shows you disagree with the decision.

Customer: replied 1 year ago.
That’s very helpful information. Where can I find an expert able to do this report? A regular lawye?

You should instruct a solicitor that can assist in instructing a expert for the preparation of the report.

Thank you and Good luck

Before you go, I would be grateful if you will give me a positive rating by clicking on the above stars and press submit. I would appreciate it

Customer: replied 1 year ago.
Thank yo

Most welcome

Lawyer21 and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Will do, thanks!

Appreciate the rating