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Hi Obie -if I understand you correctly, for me to qualify for the EEA family permit, I would only qualify if I was part of my brother's household in my country of origin. As I am Canadian, in this case I would have to show that I was part of my brother's household in Canada. So say if we resided in another country, just us 2, I would not qualify because it is not my home country?Obie wrote: ↑Sat Jul 27, 2019 4:02 pmIt is only those extended family members of an EEA national who were a dependent or member of the Household of the Union Citizen in the country from which the Extended family member came from before arriving in the UK, and who continue to be a dependent or member of the Household of the union citizen in the UK, that will qualify under that provision.
@secret.simon I guess that makes sense! Thankssecret.simon wrote: ↑Sat Jul 27, 2019 4:01 pmI think that "a member of their household" would be taken to mean a household that they were responsible for.
In this case, both your brother and you lived in your parents household. Therefore both of you were members of your parents household, not your brother's.
I think that Obie's post was a response to CR001's earlier post.
That is not what Obie said (or not what I understand him to have said).
The test for the membership of the household is whether you resided with the EEA citizen immediatly prior to the EEA citizen's moving to the UK as a member of his household.Obie wrote: ↑Sat Jul 27, 2019 4:02 pmIt is only those extended family members of an EEA national who were a dependent or member of the Household of the Union Citizen in the country from which the Extended family member came from before arriving in the UK, and who continue to be a dependent or member of the Household of the union citizen in the UK, that will qualify under that provision.
Those considerations are indeed relevant to the question of whether the discretion Conferred by regulation 18(4)should be exercised in the extended family member's favour, it has no relevance to the question of whether the Extended family does hold such status.secret.simon wrote: ↑Sat Jul 27, 2019 5:35 pmThe basis of the freedom of movement for non-EEA citizens is that it will impede the EEA citizen from exercising freedom of movement if their non-EEA family members and members of his household were so impeded. So, you need to approach the question in that manner; has the fact that you could not join your brother in the UK impeded your Irish brother from exercising his freedom of movement?