Post
by dalebutt » Sat Mar 08, 2014 12:28 pm
Is she living with your husband's sister?
EUN2.9 How do I establish dependency under the EEA Regulations?
Direct family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit, (children under 21, spouses, civil partners do not need to provide any evidence to show dependency on the EEA national).
Extended family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit (durable partners do not need to provide evidence to show dependency on the EEA national). Emotional dependence to the EEA national would also be expected in order for an extended family member to qualify for an EEA family permit.
Whilst the following criteria are not in themselves grounds for refusal, they should be taken into consideration when assessing dependent relatives:
Whether there are any other close relatives in the country of origin from whom the family member receives material support. If a family member receives funds from the EEA national but, for example, is living in the same household as another relative who provides their food and accommodation, the family member cannot be said to need the financial support of the EEA national in order to meet his / her essential needs.
Whether the family member leading an independent life. For example, if a direct descendent 21 or over is married (and especially if they have children), it may be questionable as to whether the EEA national is supporting the essential needs of both the family member and their spouse and children. In such cases additional attention should be paid to ensure that the financial essential needs of the family are being met by the EEA national.
10. EUN2.10 What if I suspect a marriage / civil partnership of convenience?
The definition of ‘spouse’ and ‘civil partner’ in the EEA Regulations does not include someone who has entered into a marriage / civil partnership of convenience.