NEED SOME CLARIFICATIONS REGARDING THE EEA 2 APPLICATION

[oraake]

May i use this opportunity to thank the advisers and moderators on here for the useful and valuable advice rendered to myself and others like me via this medium.......... thank you again!!!

Just an enquiry now....

According to the guidance notes on the application for EEA 2
"To apply for a residence card as confirmation of a right to
reside as a non-EEA national family member of an EEA
national who is exercising Treaty rights in the UK"

The list of nationals that may exercise Treaty rights in the
United Kingdom includes several countries in Europe but fails to specifically mention nationals of the UNITED KINGDOM itself.

Could you please advise if UK nationals wanting to do this would require another form or would they use the same form and is the inclusion of UK nationals on this list implied?

Thank you as i await your advice on this.

[thsths]

The list of nationals that may exercise Treaty rights in the
United Kingdom includes several countries in Europe but fails to specifically mention nationals of the UNITED KINGDOM itself.

And rightly so. As a BC, you cannot exercise Treaty rights. This is because there is no European dimension, and European law does not apply.

Unfortunately this means that BC may have fewer rights than European citizens in certain situations. The European law was intended to guarantee minimal baseline of rights, and somehow the UK law has fallen below it.

Tom

[Wanderer]

The EEA rules are for EU cits who can't avail themselves of their own immigration rules (because they don't live in their home state) and therefore cannot use local immigration rules (befause they are not citizens of the local state)

Took me a while to get my head round it after a bout of 'it's not fair...'!

[oraake]

Maybe i better re phrase my question:

Is is possible for a NON EEA national to apply for a residence card based on family relations with his/her UK CITIZEN sister/ brother rsident and working here in the UK?
The UK CITIZEN was born in the Uk almost 40 years ago and the sibling is presently in the UK as a grad student.

Now in making an application would the EEA 2 form be employed or not?
What informs my question is the fact that the guidance notes under the EEA 2 application lists several European countries of whom their citizens may exercise treaty rights in the UK but fails to specifically mention UK nationals.

Please kindly do advise.

[Wanderer]

No. I don't think you get it. Or I don't...

Where is the treaty right being exercised?

[thsths]

Is is possible for a NON EEA national to apply for a residence card based on family relations with his/her UK CITIZEN sister/ brother rsident and working here in the UK?

I can see that you do not like the answer, but rephrasing the question does not help. The answer is still no.

Tom