EEA Dependant

[CLETIS2008]

I have a relative who is my dependant and I ma just been told I can apply for what they call EEA dependant for him, how should I go about this and what forms and who to contact? Thanks for your time

[John]

Can you say what relative they are to you? How old they are? And if they are an adult, please explain why they are dependent upon you?

[John]

In another topic CLETIS2008 posted :-

She is an Adult of over 29 years and she is my half sister, I need to apply for EEA Dependant as I was told. Please I need to know how to go about it and the possibilities in it, for I on my part, I am full EEA member, working in here in UK but she is not and has been on my care for years

CLETIS2008, please don't start a new topic like that .... hit the Post Reply button!

...... but she is not and has been on my care for years

So, as a question of fact, is she your dependant, or not? Merely being related to you does not make her your dependant.

[DFDS.]

Can you say what relative they are to you? How old they are? And if they are an adult, please explain why they are dependent upon you?

John, on the UKBA website, it says , there is no dependant test where aperson can prove that they have leaved under the same roof before comming to UK, & continue to leave under the same roof while in the UK. In this case i real wonder why you ask the OP about the dependancy.The mere fact that the half sisiter is not working, explain the reasons for dependency. If am wrong please correct me with refference with the EU directive 2004/38.
thanks.

Josh.

[John]

DFDS, thanks for your post. All I can find is this UKBA document which does not mention what you are talking about. Can you please provide a reference to the document you are referring to?

Referring to the document I link to above, it just looks like the situation is fraught with difficult. Do we know, for example, if the half-sister is married?

[bebe2]

from experience there is nothin to stop you from applying but wen the time comes you will have to prove she lived with you in europe, were you transfer money to her account and sometimes proof of relation ship even dne. yes i have a friend who is gone thru the process he has peeled several time till he was taking ho to european court then they said they wud reconsider that was over a year ago and nothin been heard from ho.

[DFDS.]

DFDS, thanks for your post. All I can find is this UKBA document which does not mention what you are talking about. Can you please provide a reference to the document you are referring to?

Referring to the document I link to above, it just looks like the situation is fraught with difficult. Do we know, for example, if the half-sister is married?

Hi John, thanks for that please. I understood the OP's question was about a RC, that the OP was already aqualified person leaving with a half sis who was anon EU dependant.In that case i had to quote charpter 5 under law & policy for eu case work,section 1.4 Extended family members.There is anote for case works in regarding to determination as whether an applicant is a dependant.
[/list]

[DFDS.]

from experience there is nothin to stop you from applying but wen the time comes you will have to prove she lived with you in europe, were you transfer money to her account and sometimes proof of relation ship even dne. yes i have a friend who is gone thru the process he has peeled several time till he was taking ho to european court then they said they wud reconsider that was over a year ago and not
hin been heard from ho.

bebe i can understand your point, and on this regard many immigration lawyers have indeed discouraged many applicant falling in this section 3.(2) within the difination of family members. However there some court ruling one can rely on and make their application. For example Jia is one of them, though quite anumber of them, here AIT has turned them down.Acording to my resarch over aperiod, even after sturding the 2004/38 EU directive, if the OP decides to make an application then its avalid application depending on the proof she provides.

Thanks
Josh.

[Plum70]

DFDS, thanks for your post. All I can find is this UKBA document which does not mention what you are talking about. Can you please provide a reference to the document you are referring to?

Subsection 2.3.2 onwards: http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary.

Especially subsect 2.4 notes: "¹Note: there is no dependency test for persons who can show that they have lived under the same roof as the EEA national before coming to the UK."

[DFDS.]

DFDS, thanks for your post. All I can find is this UKBA document which does not mention what you are talking about. Can you please provide a reference to the document you are referring to?

Subsection 2.3.2 onwards: http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary.

Especially subsect 2.4 notes: "¹Note: there is no dependency test for persons who can show that they have lived under the same roof as the EEA national before coming to the UK."

Thanks Plum70 for the above link,as thats where my clarification is. However HO has decided to go further & determine where denying the OFM residence can cause any negative effect to the EU sponsor in exercising their treaty rights. I do'nt see this condition wrighten any where in the directive. Can any senior member give advise on this?

Josh.