non EEA Family member, best form to use?

[Bselinax]

Dear all,

My dad is an Asian born EEA national living in UK for the past 5 years. His mother and brother were living back home (non EEA country) and were dependent on him. Because they were dependent on him he decided to bring them to UK. His brother was 16 at the time of application so both of them received entry visa as EEA family member. Now they are on 5 years residence card. Now, my dad's brother wants to get married to his girlfriend back home (non EEA country) but if he does get married before he receives EEA PR (he will be applying in 2020) what form would he use to bring his spouse here after the wedding being celebrated back home?

He is a non EEA family member, so which form would he filling to bring his spouse in the UK?


Thank you

[secret.simon]

Your father's non-EEA brother cannot sponsor his wife.

Your father's sister-in-law will have to apply as an extended family member of your father. To do that, she will have to prove that she is dependent on him in her home country or was a member of the same household as him in the home country.

[Bselinax]

Your father's non-EEA brother cannot sponsor his wife.

Your father's sister-in-law will have to apply as an extended family member of your father. To do that, she will have to prove that she is dependent on him in her home country or was a member of the same household as him in the home country.

Thank you. So this means non EEA family members do not have right to sponsor their partners even if they are working full time and earning enough to sponsor the partner?
My dad won't be able to sponsor anyone for the time being, so this means my uncle will have to wait to naturalise as British before sponsoring/marrying back home, is that right?

[Richard W]

Thank you. So this means non EEA family members do not have right to sponsor their partners even if they are working full time and earning enough to sponsor the partner?

Correct. The free movement directive is for the benefit of EEA nationals. Taking care of their families when things go wrong is part of the arrangement.

My dad won't be able to sponsor anyone for the time being, so this means my uncle will have to wait to naturalise as British before sponsoring/marrying back home, is that right?

Not quite, he merely needs to achieve settled status, which normally takes 5 years, as opposed to waiting longer for naturalisation.

[secret.simon]

Not quite, he merely needs to achieve settled status, which normally takes 5 years, as opposed to waiting longer for naturalisation.

Whether as a settled person with PR or as a British citizen, your uncle will need to sponsor his wife under the much more demanding UK Immigration Rules, not the EEA Regulations, as he himself is not an EEA national.