eu treaty rights : sister

[walrusgumble]

metock applies to spouses only. its not fully clear whether it also applies to other family members like siblings/uncles etc.

It is actually quite clear:

The right of a national of a non-member country who is a family member of a Union citizen to accompany or join that citizen cannot be made conditional on prior lawful residence in another Member State

the irish authorities will find out some how and may be obliged to return her back to britian in order to finish the claim, after all that was the whole point of going to britian

If the sister has the right of residence in Ireland, the Irish authorities may not deny her of this, nor may they return her to the UK.

Its not concrete regarding her rights iunder eu n light of her asylum claim and both authorities might accuse the sister of trying to "engineer a situation" to side steep the british immigration system

No. The right to reside exists if the sister was a member of the household in the country from which she and the EU national has come. No further conditions or exclusions may be applied.

Metock applies to direct family members only ie spouses, civil partners and dependents under 21 years, and dependents direct relatives in ascending line

Artilce from UK Parliament
http://docs.google.com/viewer?a=v&q=cac ... 08V6Tm6qTA


Interesting attitude taken by UK in relation to extended relatives, guidlines where extended family members can apply
http://www.bailii.org/uk/cases/UKIAT/2008/00075.html

http://freemovement.wordpress.com/2008/ ... -tribunal/
http://www.oup.com/uk/orc/bin/978019923 ... ates/ch06/

[Ben]

metock applies to spouses only. its not fully clear whether it also applies to other family members like siblings/uncles etc.

It is actually quite clear:

The right of a national of a non-member country who is a family member of a Union citizen to accompany or join that citizen cannot be made conditional on prior lawful residence in another Member State

the irish authorities will find out some how and may be obliged to return her back to britian in order to finish the claim, after all that was the whole point of going to britian

If the sister has the right of residence in Ireland, the Irish authorities may not deny her of this, nor may they return her to the UK.

Its not concrete regarding her rights iunder eu n light of her asylum claim and both authorities might accuse the sister of trying to "engineer a situation" to side steep the british immigration system

No. The right to reside exists if the sister was a member of the household in the country from which she and the EU national has come. No further conditions or exclusions may be applied.

Metock applies to direct family members only ie spouses, civil partners and dependents under 21 years, and dependents direct relatives in ascending line

Artilce from UK Parliament
http://docs.google.com/viewer?a=v&q=cac ... 08V6Tm6qTA


Interesting attitude taken by UK in relation to extended relatives, guidlines where extended family members can apply
http://www.bailii.org/uk/cases/UKIAT/2008/00075.html

http://freemovement.wordpress.com/2008/ ... -tribunal/
http://www.oup.com/uk/orc/bin/978019923 ... ates/ch06/

Appreciate the links, walrusgumble.

What is imperative, however, is that in the ECJ ruling on Metock, while the family members involved were spouses, the judgement said: "the right of a national of a non-member country who is a family member of a Union citizen..".

There is no indication anywhere in the ruling that "family member" refers only to family members referred to in Article 2(2) of Directive 2004/38/EC and excludes those referred to in Article 3(2).

[walrusgumble]

metock applies to spouses only. its not fully clear whether it also applies to other family members like siblings/uncles etc.

It is actually quite clear:

The right of a national of a non-member country who is a family member of a Union citizen to accompany or join that citizen cannot be made conditional on prior lawful residence in another Member State

the irish authorities will find out some how and may be obliged to return her back to britian in order to finish the claim, after all that was the whole point of going to britian

If the sister has the right of residence in Ireland, the Irish authorities may not deny her of this, nor may they return her to the UK.

Its not concrete regarding her rights iunder eu n light of her asylum claim and both authorities might accuse the sister of trying to "engineer a situation" to side steep the british immigration system

No. The right to reside exists if the sister was a member of the household in the country from which she and the EU national has come. No further conditions or exclusions may be applied.

Metock applies to direct family members only ie spouses, civil partners and dependents under 21 years, and dependents direct relatives in ascending line

Artilce from UK Parliament
http://docs.google.com/viewer?a=v&q=cac ... 08V6Tm6qTA


Interesting attitude taken by UK in relation to extended relatives, guidlines where extended family members can apply
http://www.bailii.org/uk/cases/UKIAT/2008/00075.html

http://freemovement.wordpress.com/2008/ ... -tribunal/
http://www.oup.com/uk/orc/bin/978019923 ... ates/ch06/

Appreciate the links, walrusgumble.

What is imperative, however, is that in the ECJ ruling on Metock, while the family members involved were spouses, the judgement said: "the right of a national of a non-member country who is a family member of a Union citizen..".

There is no indication anywhere in the ruling that "family member" refers only to family members referred to in Article 2(2) of Directive 2004/38/EC and excludes those referred to in Article 3(2).

Look I tend to agree with you, but I am in no doubt the Irish will try and say similar to Brits. Maybe your right, it is a matter that will occupy the courts more as Metock does not deal with all family matters. We wait an see

[sohail akhter]

Dear Sir

I was searching about non eu dependent visas on immigrationboards.com, were you able to get dependent visa for your sister from Ireland?

Hoping a quick reply.

Regards
Sohail

[New App]

A few different scenarios here:

Firstly your sister cannot enter Ireland under Metcock/EU Treaty Rights. It applies to a spouse or your kids only. it doesn't apply to your sister, aunt, grant parents etc

Your sisters permission in the UK is not as your dependent but as an Asylum seeker.

To enter Ireland she will need an Entry Visa. This is probably not possible as she will be unlikely to hold a passport as an asylum seeker in the UK.

The only type of permission open to her is as your dependent. You will need to show you can support her and her child for the rest of their lives. As dependents they cannot access public funds. The child will need to attend private schools etc this is very very costly and on your wages will be unlikely to be granted.

[chaoclive]

Did the OP and her sister go to Ireland after all?