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Well u have to be fair, why move to EU presumably due to a serious relationship an then drag all ur family here?Patience wrote:I am a non EEA Residence permit holder thans to my EEA spouse.
I wonder what my sister or brother should qualify as in terms of Family member or EXTENDED family member, since the rules are not straightforward for EXTENDED family members.
How is dependency considered in cases of extended Family members?
How can I proof dependency ? Western Union etc receipts were not filed etc.
Is there another way of proving dependency?
Has anyone here succeeded in an a non EEA extended family application and what documents where filed and instrumental?
Well u have to be fair, why move to EU presumably due to a serious relationship an then drag all ur family here?
Directive 2004/38/EC, Article 3(2) wrote:Without prejudice to any right to free movement and residence the persons concerned may have
in their own right, the host Member State shall, in accordance with its national legislation, facilitate
entry and residence for the following persons:
(a) any other family members, irrespective of their nationality, not falling under the definition in
point 2 of Article 2 who, in the country from which they have come, are dependants or
members of the household of the Union citizen having the primary right of residence, or
where serious health grounds strictly require the personal care of the family member by the
Union citizen;
(b) the partner with whom the Union citizen has a durable relationship, duly attested.
The host Member State shall undertake an extensive examination of the personal circumstances and
shall justify any denial of entry or residence to these people.
The applicant's relationship to you is largely immaterial. For the purpose of Directive 2004/38/EC, it is the applicant's relationship with the EEA national that counts.Patience wrote:I am a non EEA Residence Permit Holder.My Spouse is an EEA.
The applicant in question is my sister.
Nowhere unless they also have a relationship with the EEA national as described in Article 2(2) or in Article 3(2) of the Directive.Patience wrote:I wonder where the sister on a non EEA resident permit holder falls?
She is financially dependent on me and my spouse(EEA National) from the country she currently is in.benifa wrote:Nowhere unless they also have a relationship with the EEA national as described in Article 2(2) or in Article 3(2) of the Directive.Patience wrote:I wonder where the sister on a non EEA resident permit holder falls?
Hint: was your sister a member of the EEA national's household in the country from which she has come? Or was she dependant on the EEA national in the country from which she has come?
Bingo. Then she is a person described in Article 3(2) of the Directive and so entitled to have her entry to and residence in the UK facilitated.Patience wrote:She is financially dependent on me and my spouse(EEA National) from the country she currently is in.
It is basically financial.We sponsor her in the Uni(rents,up keep,allowance etc)86ti wrote:To what extent? The support throught the EEA national must be substantial. Are there any other family members that (could) provide for her?Patience wrote:She is financially dependent on me and my spouse(EEA National) from the country she currently is in.
You will have to show that she isn't able to support her basic needs on her own and that the other family members are unable to support her. Of course, you will also have to show that money and how much was flowing from you to her.Patience wrote:It is basically financial.We sponsor her in the Uni(rents,up keep,allowance etc)86ti wrote:To what extent? The support throught the EEA national must be substantial. Are there any other family members that (could) provide for her?Patience wrote:She is financially dependent on me and my spouse(EEA National) from the country she currently is in.
Yes there are Family members who cannot afford to provide for her.
With this recent High Court ruling, i am unsure they will be able to apply the above.86ti wrote:
To what extent? The support throught the EEA national must be substantial. Are there any other family members that (could) provide for her?
Which means that this would work in favour of the OP, i.e. they support the sister so she must be accepted as a dependant under the EEA rules. It may be a good idea to refer to this ruling in the cover letter.Obie wrote:With this recent High Court ruling, i am unsure they will be able to apply the above.86ti wrote:
To what extent? The support throught the EEA national must be substantial. Are there any other family members that (could) provide for her?
Interesting! Thanks again.86ti wrote:Which means that this would work in favour of the OP, i.e. they support the sister so she must be accepted as a dependant under the EEA rules. It may be a good idea to refer to this ruling in the cover letter.Obie wrote:With this recent High Court ruling, i am unsure they will be able to apply the above.86ti wrote:
To what extent? The support throught the EEA national must be substantial. Are there any other family members that (could) provide for her?
What if the Nigerian guy with 86 wives and 170 children moves to UK after he marries a British or EU woman ( or man ) ??Wanderer wrote:Well u have to be fair, why move to EU presumably due to a serious relationship an then drag all ur family here?Patience wrote:I am a non EEA Residence permit holder thans to my EEA spouse.
I wonder what my sister or brother should qualify as in terms of Family member or EXTENDED family member, since the rules are not straightforward for EXTENDED family members.
How is dependency considered in cases of extended Family members?
How can I proof dependency ? Western Union etc receipts were not filed etc.
Is there another way of proving dependency?
Has anyone here succeeded in an a non EEA extended family application and what documents where filed and instrumental?
Be interesting to see the UKBA interpretation of extended family member and whether it applies to second wives! Bloody hope not - I think there would be riots on the streets of Burnley!inwarsaw wrote:What if the Nigerian guy with 86 wives and 170 children moves to UK after he marries a British or EU woman ( or man ) ??Wanderer wrote:Well u have to be fair, why move to EU presumably due to a serious relationship an then drag all ur family here?Patience wrote:I am a non EEA Residence permit holder thans to my EEA spouse.
I wonder what my sister or brother should qualify as in terms of Family member or EXTENDED family member, since the rules are not straightforward for EXTENDED family members.
How is dependency considered in cases of extended Family members?
How can I proof dependency ? Western Union etc receipts were not filed etc.
Is there another way of proving dependency?
Has anyone here succeeded in an a non EEA extended family application and what documents where filed and instrumental?
I think what this High Court ruling says is that you would only have to show the fact that your sister is dependend on you and how.Patience wrote:Interesting! Thanks again.86ti wrote:Which means that this would work in favour of the OP, i.e. they support the sister so she must be accepted as a dependant under the EEA rules. It may be a good idea to refer to this ruling in the cover letter.Obie wrote:With this recent High Court ruling, i am unsure they will be able to apply the above.86ti wrote:
To what extent? The support throught the EEA national must be substantial. Are there any other family members that (could) provide for her?
I understand we have to prove dependency irrespective of why other family members cannot support etc ?