Immigration options for my nonEEA brother.

[luckyredrose]

Hello I am nonEEA citizen, residence card holder (valid for 5 years). I was sposnored by my EEA unmarried partner who is excercising Treaty rights. He has a registration certificate.
My brother is refugee claimant in the USA (he is waiting for refugee hearing for over 9 years). He is also nonEEA citizen.
What options does he have in order to be able to live with me in the UK. He is over 30.
Our only EEA family conection is throught my EEA unmarried partner who is excercising Treaty rights.

[Wanderer]

Hello I am nonEEA citizen, residence card holder (valid for 5 years). I was sposnored by my EEA unmarried partner who is excercising Treaty rights. He has a registration certificate.
My brother is refugee claimant in the USA (he is waiting for refugee hearing for over 9 years). He is also nonEEA citizen.
What options does he have in order to be able to live with me in the UK. He is over 30.
Our only EEA family conection is throught my EEA unmarried partner who is excercising Treaty rights.

I can't see it being possible myself, however read the following and see if he fits the bill, pay special attention to the parts about being 'wholly dependent' as I feel this is the main test:

Your family's rights
If your family members are EEA nationals they will have the same rights as you to live and work in the UK. The information in this section applies to those of your family members who are not EEA nationals (non-EEA family members).

Can my family join me in the UK?
Yes. If you have the right to live in the UK your family can join you.

Under European Community law, family members include:

your husband, wife or civil partner
your husband's, wife's or civil partner's children or grandchildren who are:
under 21 years of age, or
if they are over 21 are dependant on you
dependent relatives, for example your husband's, wife's or civil partner's parents or grandparents.
the partner of an EEA national who is in a 'durable relationship' (equivalent to Unmarried Partners )
If you are a student, only your husband, wife or civil partner and your dependent children can join you.

Can my other relatives join me in the UK?
Other relatives, such as brothers, sisters, cousins and so on, do not have an automatic right to live in the UK with you. However, we will consider applications for your other relatives to join you if you are working in the UK or coming to work in the UK and:

they are dependant on you,
they meet the requirements of the Immigration Rules for other dependent family members
they are suffering from serious illness and require your care
they are your unmarried partner

[sakura]

Hello I am nonEEA citizen, residence card holder (valid for 5 years). I was sposnored by my EEA unmarried partner who is excercising Treaty rights. He has a registration certificate.
My brother is refugee claimant in the USA (he is waiting for refugee hearing for over 9 years). He is also nonEEA citizen.
What options does he have in order to be able to live with me in the UK. He is over 30.
Our only EEA family conection is throught my EEA unmarried partner who is excercising Treaty rights.

What does your brother do to support himself in the US? Is he allowed to work, study, etc? Do you support him in any way? Also, what does your partner do (job-type, is he financially secure)?

The EEA permit does not give you the automatic right to sponsor brothers or sisters, and it is very hard to bring such family members, so you need to provide more information...

[luckyredrose]

What does your brother do to support himself in the US? Is he allowed to work, study, etc? Do you support him in any way? Also, what does your partner do (job-type, is he financially secure)?

The EEA permit does not give you the automatic right to sponsor brothers or sisters, and it is very hard to bring such family members, so you need to provide more information...[/quote]


My partner works for emplayment agency. I think that hes is financially secure. My brother works in the USA. He has a work autorisation. Any idea?
Thanks for reply.

[sakura]

My partner works for emplayment agency. I think that hes is financially secure. My brother works in the USA. He has a work autorisation. Any idea?
Thanks for reply.

The answer would be "no", you cannot sponsor him, because he is not dependent on you - he has a job so he is financially secure. Regardless of his immigration status (i.e. that he is an asylum seeker), since he is working (legally) there is no impetus to assume that he is wholly or mainly dependent on you.

Plus, as mentioned, sponsoring brothers/sisters is very hard.

[luckyredrose]

Thanks for your answers.

Is there any other way he can came to the UK?

Can he at least visit me applying for family visa?

[luckyredrose]

[/quote]
The answer would be "no", you cannot sponsor him, because he is not dependent on you - he has a job so he is financially secure. Regardless of his immigration status (i.e. that he is an asylum seeker), since he is working (legally) there is no impetus to assume that he is wholly or mainly dependent on you.

Plus, as mentioned, sponsoring brothers/sisters is very hard.[/quote]

What would happened if my brother would file an application for settlement in the UK based on being family member of EEA in New York?

A: If he would be refused what consquences he would face?

B: If he would be accepted. What are the odds he would be successful?

C: If refused. Would he be eligible at least for EEA family permit to visit me for 6 months?

Thank you for your answers.

[Wanderer]

What would happened if my brother would file an application for settlement in the UK based on being family member of EEA in New York?

A: If he would be refused what consquences he would face?

B: If he would be accepted. What are the odds he would be successful?

C: If refused. Would he be eligible at least for EEA family permit to visit me for 6 months?

Thank you for your answers.

I thought the answer had already been posted above.

A: No consquences

B: .01% - I'd say 0% but there are no absolutes

C: Prolly not - cos a failed B: above would raise suspicions that he would attempt to settle.

[luckyredrose]

I am very thankful for your answer.

Last question:

Would he be eligible at least for EEA family permit to visit me for 6 months?
If he would not file any other application. Let say he just want to visit me. Or he needs to apply for visitor visa.

Thanks.

[sakura]

I am very thankful for your answer.

Last question:

Would he be eligible at least for EEA family permit to visit me for 6 months?
If he would not file any other application. Let say he just want to visit me. Or he needs to apply for visitor visa.

Thanks.

The point is: if he ever applied for the EEA permit, it would probably be refused, even if it was just for a visit.

Now, he has an asylum application - can he even leave the US whilst it is pending, or will they refuse him once he leaves? If that is the case - why risk it?

As I mentioned, it doesn't seem very likely at all that you can sponsor him for the EEA permit (even for a visit); if you would like him to visit, I suggest you tell him to contact his lawyers or representative and ask them what would happen if he wanted to visit the UK. If they say it is ok, then he should apply for a visitor's visa, not the EEA permit.

I suggest you try to get him to press his lawyers/reps to see what's happening to his asylum application. There is little if any chance of him being able to join you here, so you shouldn't risk his application in the US. If he can't travel to you, then you should go and visit him.