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CLETIS2008, please don't start a new topic like that .... hit the Post Reply button!CLETIS2008 wrote: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
So, as a question of fact, is she your dependant, or not? Merely being related to you does not make her your dependant....... but she is not and has been on my care for years
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.John wrote: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?
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.John wrote: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 wrote: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.
Subsection 2.3.2 onwards: http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary.John wrote: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?
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?Plum70 wrote:Subsection 2.3.2 onwards: http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary.John wrote: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?
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."