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UK Immigration Law
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Dear Expert, I have became a British citizen via naturalisation

Dear Expert, I have became a...
Dear Expert,

I have became a British citizen via naturalisation route a couple of weeks ago. I have applied for British passport, however it takes 6-8 weeks to obtain one. I do have a copy of naturalisation certificate only, as the original has been submitted together with the original of my Russian passport (I am Russian by birth).

My father and mother are both applying for Schengen visa at the moment. I am helping them to fill the form. It is a standart application form. Some questions do not need to be filled by family members of the EU, EEA or CH citizens. Members of the family are identified as spouse, child or dependent ascendant.

Question 1: Would my parents qualify for family members as dependent ascendant. Both are pensioners/retired for a few years. Since I am now a British Citizen I would very much would like to ustilise the right of free movement for my parents (as stated in the visa application form).

Question 1.1: What needs to be presented to demonstrate that they are dependent ascendatns?

Question 2: if the answer to the question 1 is yes, i.e. my parents do qualify as family members, what would I need to write in the box 34. Number of travel document or ID card for myself since I have not been issued with British passprt yet.

Thank you very much for your help,

Maria
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Answered in 2 hours by:
3/6/2013
UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2,458
Experience: I am a qualified solicitor and an expert in UK law.
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Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

 

There may be a misconception here on your part. You are not an EEA national you are a British citizen and therefore a schengen visa will require your parents to submit more documentation.

 

 

The fact is that your parents will only be able to take advantage of your EU status if you lived outside of the UK. That is why a schengen visa can not be used to enter the UK only the rest of Europe. I therefore do not believe that you will be able to use your status to assist your parents application. In addition although you are a British citizen, the only way you can exercise this right is by having the passport, therefore until you have actually obtained a passport you are unable to exercise this right.

 

I hope this answers your question, if so kindly rate my answer positively. Kind regards

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Customer reply replied 4 years ago

thank you for the answer.


Please could you clarify. The statement on the visa application states that family members of the EU, EEA or CH citizens do not need to fill in certain boxes.


 


1. To my knowledge UK is still part of the EU. Hence, we can read that family member of the EU citizens do not fill in certain boxes.


 


I don't see any misconcept here...


 


2. Providing I obtain passport (it is a matter of a few weeks), I can prove that I am a British, i.e. EU citizen.


 


Hence, the rule becomes appicalbe. Is there a misconsept?


 


3. Family members (my parents) of EU citizen (me) do live outside EU, i.e. Russia. I (British citizen) live in EU/UK.


 


is there a misconcept?


 


4. Question. Do my parents satisfy criteria OF "family members -dependent ascendant"? What documents would prove it?


 


FYI: I am providing a sponsorship to all their trips abroad (outside Russia).


 


Many thanks,


 


Maria


 

Could you send me a link of the form you are using?


Kind regards
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Customer reply replied 4 years ago


it is a standard Schengen visa application form which is the same for all 27 Schengen countries

Thank you for your reply.

1. I have re-checked this and yes UK is part of the EU and unfortunatley there are some forms which do not state EU on the form only EEA and swiss nationals. In you case if you have found a form which states EU then I believe you are correct is assuming that you are able to benefit from being a British citizen.

2. Yes if you obtain your passport within the specified time you stated then this should be fine. I would suggest you submit a copy of your passport with the application.

3. You are correct in respect of this point and yes they are your dependent ascendants.

4. Yes your parents do meet this requirement, I would interpret "dependent ascendant" as being a dependent in the ascending line; e.g. mother, father, grandparents etc. As mentioned above I suggest, you submit your passport copy as well as your birth certificate to confirm that they are your parents. These would be the best documentary evidence.

I hope this answers your question, if so kindly rate my answer positively, so I can get credited for my time.

Kind regards
UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
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