Who is dependent ascendant

Choose this visa type, if you plan to pass through an international transit area of a Schengen airport travelling with a passport of one of these states: Afghanistan, Bangladesh, Democratic Republic of Congo, Eritrea, Ethiopia, Ghana, Iran, Iraq, Nigeria, Pakistan, Somalia, Sri Lanka.

Who is eligible? In line with EU regulations, you have the right to travel with immediate family members who are not EU citizens to EU country other than the country of your citizenship.

If you move to another EU state, immediate family members can also join you. They only concern the so-called relocations - when a citizen of another EU state with a family member travels or moves to Poland.

EU citizens are:. A family member of the EU is:. The privileges of the simplified procedures are:. Visa refusal. A consul refuses a visa in the form of a decision. In the event that you wish to remain in the State for more than 3 months as a family member of an EU citizen exercising their free movement rights, you must apply when in the State for a Residence Card of a family member of a Union citizen. Information about how to apply is available here.

If you wish to have your visa application considered under the Directive on the basis that you are a family member of an EU citizen exercising or planning to exercise free movement rights you must state this clearly on your application. If you state that you wish to have your application considered on the basis of the Directive rather than under national law, and your application is refused, you will be offered the opportunity to apply under national law but the normal fee will apply.

Information for Irish Citizens residing in Ireland who wish to have their family members join them is available here. When you have completed the online application process, you must follow the instructions on the summary application form that is created by the online system. The summary form will contain information on where you are to submit your supporting documentation. The summary form which you must print, sign and date must be submitted with your supporting documentation.

You may be required to provide your Biometric Information as part of the application process. You should file your application for a Schengen Visa for Visiting Family or Friends no less than 15 calendar days before your planned trip to EU. The Schengen states have a fixed policy on when you should file your application the earliest and the latest. While two weeks is the latest, the earliest you can submit your application for a Schengen Visa for Visiting Family or Friends is three months before your trip.

The best time to apply for an EU visa for the purpose of visiting Family members, Friends or Relatives is four weeks before your trip to Europe. You will have to wait at least 15 calendar days to get a response on your Schengen visa application for Visiting Family or Friends.

Can we extend it until he finish study or as long he is living with us and descendants of my wife? I can't give advice in individual cases. Hello, My husband and I are Spanish citizens recently moved to live and work in Austria. My husband is working. My mother who is 82 and a USA citizen was recently disgnosed with a serious illness partial complex seizures and I have been taking care of her. She can not live alone. She is financially independent.

If so how do I get the Austrian authorities to recognize our right? Thanks for your question. In general the case law has addressed what it means to be financially dependent, but not the converse question of whether a family member might be considered a 'dependent' with a right to stay with an EU citizen for medical reasons, despite financial independence.

In this scenario it could be argued that the family member could only be considered financially independent if they could fully pay the costs of any necessary care indefinitely. Failing that it could be argued that the concept of 'dependent' includes those who are medically dependent, not just financially dependent.

As a final alternative, Article 3 2 of the citizens' Directive refers explicitly to those who need medical support; it doesn't require Member States to admit such family but does require Member States to consider such applications and give reasoned decisions on them.

If you for example take a situation where the eu citizen and the non eu citizen have lived in the host country, moved back the the eu citizens home country. In other words it's to late while you have moved back to the home country. The EU legislation is silent on adoption.

Arguably it defers to each Member State's family law rules on whether adoptions in that State or another State are valid, but it might also be argued that refusal to recognise an adoption might in some cases create a barrier to free movement that would have to be justified on objective grounds. There's no ECJ case law on the issue. Please i have two children who are Spanish citizens and I and their father are Spanish national do we have the right to live and work since the children are dependent on us the parent.

It's the other way around. Spanish citizens have the right to live in another EU Member State or otherwise meet the conditions to be there and their children can be with them if they are under 21 or dependent as defined further in this case.

Great thread. I have a question. I am a permanent resident in Finland living for last 7 years with my wife and son. We all are permanent residents but my parents live in non EU country. I have been supporting them financially since I have come here and now they are getting older as they are near in their 70s to start.

They have visited me on visit visa as well, but I wish them to come and live with me permanently. My parents have hearing and speaking disability and since they are now old and live alone its getting very difficult for them to live like that.

I really want to see if there is an option for me to move my parents here since they are first of all disabled, secondly my mother has long term illness since she has been through a heart attach last year and now she is in recovery from that. They are also completely dependent on me. I want to see my options if there are any?? On Finnish immigration website it shows that I could only bring my spouse or children but not the parents as part of family sponsorships.

Any other suggestions? In general the citizen of one EU country who is exercising free movement rights in another country can bring in dependent parents. The definition of "dependent" is clarified in the case law discussed in thus blog post. Perhaps the government website information relating to EU citizens covers this issue. If they are otherwise within the scope of the EU free movement law then it is sufficient that the child is under 21; only those over 21 have to show dependency.

A non-EU adult child over 21 is granted permission to enter the UK on an EU family permit, and subsequently gets a residence card, while studying at university. Are there any problems with them remaining on the dependent family member residence card until the 5 year period for settlement passes?

What criteria does the UK use to determine "dependent"? Thankk you. As it stands, the UK applies the EU legislation and case law, including this judgment. This would also apply to EU27 citizens and family resident before Brexit day, if the withdrawal agreement is approved. If it is not approved, then we have to wait to see what the UK government will do. I have a question please. I'm european living in the UK with my non-EU wife.

We both have permanent residency in the UK. Can we bring my wife's mother over with an EU family permit if it's actually my wife who sends her money on a regular basis, which would make her dependent on my wife? Thank you for your answer. But in principle a citizen of another Member State living in the UK on the basis of EU law can bring in a mother-in-law who is dependent as defined by the case law.

Consult a lawyer for proper advice, and be aware that the situation may change after Brexit day. My non-EU daughter is 24 years and dependant who just completed her university last year and as well nation service program last 2 months ago which was compulsories for every graduate in the country origin.

Currently, she still dependant and not working. Please, can I apply for her as a direct family member to join me here. Meanwhile, there is enough evidences to prove several remittances she receives. I can't comment on individual cases, but someone in her situation in principle would seem to qualify under the case law. She should contact a lawyer to advise on the details.

I have a question too, please. My Niece is 11 years old and is an EU Citizen. She is to join her EU-Citizen Mum who has recently relocated to Germany from from France but I am to accompany her to help with her settling in as she has been living with me outside the EU since she was 2yrs old. Can she exercise free movement rights? Does EU law allow me to accompany her being a minor?

Or is my application best based on her mum who is my Sister? Thanks and Happy New Year in advance! But in general terms I'm assuming her mum has moved to a Member State other than the one she's a citizen of, and is otherwise exercising free movement rights in accordance with EU law your niece would be moving either as a family member of her mother or as an EU citizen in her own right.

The case law on EU citizenship rights of children says that they can invoke those rights in their own name as long as they have sickness insurance and sufficient resources; crucially the resources can be provided by family members.