EEA2- WHEN THE PERIOD OF DEPENDENCY STARTS for OFM.....

[makAlow]

Dear vinny ,
I came here as student 10th October 2005 with student visa valid until 01/01/2009
23/12/2008 applied for student visa extension, granted from 11th march until 30th November 2011
25/11/2011 applied for another extension as tier 4 general student and was granted from 13th February 2012 until 30th September 2012.

25th September 2012, applied for EEA2 residence permit as an extended family member of my cousin brother.but was refused on 30th June 2013,
18th July 2013, reapplied for EEA2 residence permit.but was refused on 30th November 2013,
11th December 2013, I reapplied for EEA2 residence permit.but was refused on 26th February 2014
12th march 2014, I reapplied for EEA2 residence permit.but was refused on 6th June 2014.
Each time my application was rejected, as HO believed I failed to prove dependency before coming UK. But my cousin was not a eu citizen that time, so I didnt need to prove it,According to the case law, the period begins when he becomes EU citiuzen.

This time I appealed against HO Decision, Was given a date for hearing on 16th December 2015
My cousin could not appear in the trial due to his personal reason, also HO lawyer was not ready as she found her bundle missing, so the hearing had to be adjourned.I am now given a new date for hearing on 11th June 2015.
My case is very simple, My brother became Italian citizen on June 2011 and have moved in London on August 2011. Since then we have been living together in the same house, we have joint current account, where he deposits money, i have bills and other bank statements on the same address. My point of view is, I have merit on my case as I have evidence to prove of dependency and cohabitation during the period of my cousin’s residence in UK. Here I am giving a reference. LJ Blake stated,
‘........the dependency or membership of the household must be on a person who is an EEA national at the material time. For this reason it is essential that tribunal judges establish when the sponsor acquired EEA nationality....’ (Moneke (EEA – OFMs – assessment of evidence) Nigeria [2011] UKUT 00430 (IAC)).
Before appearing the court , I am trying to collect relevant references. Now , Please I earnestly need your suggestion. Do you think my point is correct or any other case references, I need to give?

Please Help
THANK YOU

[el patron]

I would have thought 'material time' would be in respect of a period before coming to the UK, for example if you were dependant on your extended family member abroad, before he had EU nationality that dependency would not assist, but if your extended became a EEA national whilst you were dependant upon him and abroad that would be a 'material time'.

[makAlow]

thanks el patron,
I got your explanation.
To be more specific, does it not mean, despite my dependency upon my sponsor before he became EU Citizen, the only period of dependency or cohabitation is to be proved before the court is , since he became EU citizen..?

Thanks

[el patron]

thanks el patron,
I got your explanation.
To be more specific, does it not mean, despite my dependency upon my sponsor before he became EU Citizen, the only period of dependency or cohabitation is to be proved before the court is , since he became EU citizen..?

Thanks

That is my understanding yes, periods before family member becomes EU citizen would not be taken into account.

[el patron]

To clarify, - as an extended family member you need to show dependency/membership of household of EU national prior to being dependant/member of the household in UK. So you are missing the first stage as the dependency abroad was before your family member became an EU national. There is recent case law on this.

[makAlow]

I applied for eea2 permit as an extended family member of my cousin brother. That time he was working. After several refusals I appealed against the HO decision. During my last application I could not produce evidence of my brothers employment, he had to leave the job due to a sudden heart attack. After a minor recovery , he sought job to some companies.but his applications were rejected.So in order to prove , he is a qualified worker ( according to article 6) I submitted his last three months salary receipts before quitting the job, and two refusal letters he received from two companies where attended for job interview and also GP Letter stating he is under supervision and should worker for a certain period..

His heart attack was so severe. An ICD ( Implantable cardiac defibrillator) had to be placed in his chest. His doctor strictly forbade him to work as he is not physically fit yet. His GP continued to extend his time for bed rest. After some check up with consultants, GP is still reluctant to allow him to work. After a long period ( 6 months ) of unemployment , he had to apply for employment and support allowance. I t has been now more than one year he is on employment and support benefit. I am attending my hearing this month. My question is, would my brothers employment resulting from sickness and claiming benefit , be an issue against my favour?
I found in Eea regulations 6 ( 2 )(a), A person who is no longer working shall not cease to be treated as a worker for the purpose of paragraph (1)(b) if (a ) he is temporarily unable to work as the result of an illness or accident;

I appreciate the help we are receiving through this forum. Please help me by providing any suggestion you have for me.

Thank You.

[el patron]

I don't think the current qualified status of your EEA family member was the major difficulty, it was past dependence which was before the family member became a EEA national that was the main problem.

If that does become a point of despute however the points you have raised are of course useful and should be argued at the hearing and put into any written submission.

[makAlow]

Thank You for your quick reply and inspiration.

Being more specific regarding unemployment of my brother, I would like to argue that, the wording in article 6.2 says, temporary sickness . In my case My brother had been working in UK since 2011 and ceased his work on 2014 due to doctors prescription and although it has been now more than one year, it does not mean he is permanently unable to work. Because Doctor did not say , his disease is not curable or he is going to be permanently disable.

But what I fear, does his claim for benefit , weakens my point of dependency on him?

Please help with any suggestion you have for me.

Thank you again

[Obie]

where you dependent on your cousin in a country other than the UK, at a time when he held Italian citizenship.

If the answer to that question is a no, then your appeal will have little prospect of success.

You may succeed on the basis of being a member of his household, but pre-entry dependency is important.

[makAlow]

Hi obie,
Thank You .
My brother became Italian citizen on June 2011 and moved in London on August 2011, since then he has been living here permanently.
Two months during his citizenship he lived in Italy. Do you think court would look for evidence, for this two months period?

Thank You Again

[Obie]

Where were you in June 2011 to August 2011?

where you in the UK ?

[makAlow]

Yes I was in living in UK, as an international student.
If kindly go through my first post, where I gave my detail history, you will know more.
Thank You

[el patron]

Your focus is still on the now when the past is the problem. If you live in his household now that obviates the need to be dependant, he likely has retained workers status yes, but no need to stress this aspect of the case unless it is introduced as a fresh reason for refusal.

[Obie]

I needed to be sure of the fact.

I don't think you will succeed as you don't seem to meet the requirement of regulation 8(2)(a).

http://eearegulations.co.uk/Latest/ByPage/part1_8

[Obie]

I needed to be sure of the fact.

I don't think you will succeed as you don't seem to meet the requirement of regulation 8(2)(a).

http://eearegulations.co.uk/Latest/ByPage/part1_8

It appears that your understanding of the caselaw is wholly misconceived.

The caselaw states that you have to demonstrate dependency or Membership of the Household in a country other than the UK, at a time when the EEA national held a European Nationality.

Dependency at the time when the EEA national is not an EU citizen will not qualify.