can a over stayer of 3 yrs applied for RC . ADVICE NEEDE

[tracy56]

AM about to file in for my brother for RC, but he is overstayer ,is there aany possibilties , pls advice me ,thanks

[Ben]

What is his relationship to the EEA national? Is the EEA national exercising a Treaty right in the UK?

[tracy56]

yes am workin cos am the eu , while my younger broth ,is dependin on me , but he is my brother all the proofs are there if is DNA , I CAN provide that , but h is overstaying , will he be granted RC. PLS HELP , ADVICE

[Ben]

Your brother is a "beneficiary" (§ 3(2)) and not a "family member" (§ 2(2)).

Was he dependant on you, or a member of your household, in the country from which he came?

[tracy56]

yes . i ve western unions proofs which i used in sending him money yrs ago while he was in nigeria , pls wat is benficiary

[mrlookforward]

Proof of sending money years ago wont do anything. How old is your brother?

[tracy56]

he is 27 , pls advice ,

[mrlookforward]

Ben asked you a very relevant question
Was he dependant on you, or a member of your household, in the country from which he came?

I dont think there will be a point in going into all the details, but keeping in mind all the requirements to be met before applying for residence as an extended family member of an eea national, I dont think there is even a slight chance of your brother being granted. A 27 years old able bodied male will just not meet the requirements.

[tracy56]

really , o.k, but i dont think ur advice is true , cos i consult with lawyers and home office websites. thanks for ur wrong adice anyway

[Wanderer]

really , o.k, but i dont think ur advice is true , cos i consult with lawyers and home office websites. thanks for ur wrong adice anyway

My erstwhile poster is correct - a 27 yo is an adult and unlikely to be considered a dependant even under liberal EEA law.

Added to that u admit ur evidence is flimsy at best, so one for the reject pile I think.

Sorry.

[Obie]

I think it is strictly speaking wrong to state that a 27 years old able bodied person will not qualify for residence card as an extended family member. It is settle case law in the UK that dependancy should be a question of fact and not necessity. There is no requirement for the dependancy to be probed, other than the fact it is actual. It is important that one does not confuse EU law on freemovement with that of UK national immigration law. If there is a genuine dependancy which existed before the EU National came to the UK then there is some chance of success. Residence in another member state with the non-EEA,where the applicant was dependant or member of the same house hold will help immensley

[mrlookforward]

really , o.k, but i dont think ur advice is true , cos i consult with lawyers and home office websites. thanks for ur wrong adice anyway

ermmm, how do you know that my advice is wrong? And if you already have the right advice from solicitor, then why are you wasting your time? By the way, this forum is not for comprehensive legal advice. Here people share knowledge and their opinions are only generic. Comprehensive advice should be sought by meeting an oisc registered advisor or a solicitor, who will give his opinion and any possible way forward by looking carefully at all the evidence available on a particular case.
I mentioned my personal opinion by reading whatever information you provided and the requirements to be met for the extended family members. If I wanted to substantiate my opinion, I will have to write a few pages, citing all the requirements, guidance and relevant case law, and I really don't see a point in doing that. In the end its entirely upto you as to how you want to pursue this matter.
Wish you good luck with it.

[tracy56]

thanks OBIE for your advice , i wonder y others have been harsh and giving me wrong informations,

[Wanderer]

thanks OBIE for your advice , i wonder y others have been harsh and giving me wrong informations,

The reason is, much as I respect Obie's opinions, he has a more rose-tinted outlook, whereas us seasoned posters mostly are more cynical and jaded and align with the ECO tenet - 'on the balance of probabilities...'

And 'on the balance of probabilities' I say a 27 yo dependent is let's say certainly gonna struggle to prove genuine dependency.

[DFDS.]

thanks OBIE for your advice , i wonder y others have been harsh and giving me wrong informations,

The reason is, much as I respect Obie's opinions, he has a more rose-tinted outlook, whereas us seasoned posters mostly are more cynical and jaded and align with the ECO tenet - 'on the balance of probabilities...'

And 'on the balance of probabilities' I say a 27 yo dependent is let's say certainly gonna struggle to prove genuine dependency.

What has age got to do with dependency? I would suggest we base our posts and answers on facts rather than attitudes. Problem is, that members answers are based on limited UK boarder website.

There is no age limit in the directive on who qualifies for member of house or dependency. All you have to do is to produce proof of the latter!

[DFDS.]

really , o.k, but i don't think ur advice is true , cos i consult with lawyers and home office websites. thanks for ur wrong adice anyway

Tracy56 my advise to you is that you should study the directive as much as you can. Don't just read it, study it , put together all the proof you have before you even approach any solicitor. study the board as much as you can as well. Put much emphasis on what failed others so that you don't fall in the same trap.

I don't think a solicitor will have that much time to think for you. You got to think for your self when it comes to OFMs3.(2) applications, and many are going to discourage you.

[Wanderer]

thanks OBIE for your advice , i wonder y others have been harsh and giving me wrong informations,

The reason is, much as I respect Obie's opinions, he has a more rose-tinted outlook, whereas us seasoned posters mostly are more cynical and jaded and align with the ECO tenet - 'on the balance of probabilities...'

And 'on the balance of probabilities' I say a 27 yo dependent is let's say certainly gonna struggle to prove genuine dependency.

What has age got to do with dependency? I would suggest we base our posts and answers on facts rather than attitudes. Problem is, that members answers are based on limited UK boarder website.

There is no age limit in the directive on who qualifies for member of house or dependency. All you have to do is to produce proof of the latter!

Groan.... On the balance of probabilities I said....

The OP has not provided any evidence the person in question is not able-bodied or is a perennial student in need of support or some-such. In the light of the lack of information repeatedly asked for, one has to either read between the lines, or take the evidence at face value, which is quite scant.

[tracy56]

thanks DFDS for ur words of wisdom and encouragement , i ve other evidence to support my application for my brother , fingers cross , i will keep u uodate of the progress.

[DFDS.]

Ain't intimidated by some people's jargon's over the board,no! not after metock.

Much as metock was not about Ofms, it does give some light on the whole issue. Immigration lawyers are still arguing the issue of ukb not considering Ofms and lets optimistic in that case.