Lounes case - help needed to fill the form

[Irfan1648]

Hi everyone,
My wife holds dual european passport and British passport , I hold British passport, can she sponsor my brother who is in pakistan?
She sponsored my parents with no issues.

Guidance for extended family members says

“From 1 February 2017 the rights of extended family members only applies to relatives of the EEA national and not to relatives of the EEA national’s spouse or civil partner. This means that an extended family member can no longer rely on their relationship to the EEA national’s spouse or civil partner in order to meet the requirements of regulation 8. Instead, they must show that they are related to the EEA national.”

However recently I have heard there has been update on guidance for direct family members that relatives of eu national and their spouses quality for family permit,
Is that true ?

I would kindly ask experts for their suggestions on this or if any one has been issued a visa in same category,
Many thanks

[Irfan1648]

Hi,
I was wondering if someone can help me for filling few questions on Lounes form.

1) For what period are you relying on this family members residence ?

What period it will be ? Since parents got dependent or since Eu Citizen is residing in the U.K. or this is the question for future how long are they going to rely on them ?

2) While acquiring British citizen what were they Doing?

What period ? The whole stay in the U.K. or between having permanent residence till naturalisation?

And at the last do we need to send proof of dependency ?As I was reading the dependency is assumed ( the application is for parents ) .


I would really appreciate if someone can share their knowledge .!

Many thanks

[Zerubbabel]

1) For what period are you relying on this family members residence ?

The question is vague on purpose because it includes multiple scenarios; such as relying on a residence period that ended in the past for whatever reason (divorce, EEA passed away... etc).

So if your parents came as dependent in 2015 and there are still dependent, so period relied upon will be from 2015 to today.

2) While acquiring British citizen what were they Doing?

You were in the UK as an EEA citizen with PR. That's an critical condition to qualify for Lounes. If you got the British citizenship through a different route, you won't qualify as a sponsor for Lounes.

[Irfan1648]

They just came in yesterday, and I have to put the application today, I ask a solicitor he said it’s about future 06/2020-06/2030 etc, I ask settlement scheme one said since when Eu family member is residence in the U.K. the other person from same place said the dates would be since they are relaying on Eu family member, it’s really confusing, can someone who have previously done application shed some light please?

[Zerubbabel]

You can't rely on a future period. That's not possible. Otherwise, someone can arrive in the UK today and directly apply for permanent residence claiming he is relying on future residence from now to 2030.

We always evidence an application but by things happening now or happened in the past never by projections about what might happen in the future.