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Extended Family member of UK National

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Aptechites
Newly Registered
Posts: 6
Joined: Wed May 08, 2013 6:28 pm
Pakistan

Extended Family member of UK National

Post by Aptechites » Mon Sep 17, 2018 12:32 am

Good morning

I have a few questions if anyone here can help me that would be great

I am holding a British passport and I would like to bring my real brother in uk ?
He is already in the uk on a student visa
What if I moved to another country like
If I moved to Germany and get my residence permit using treaty rights and then I bring my brother to Germany and apply for his extended family members of eea visa once he get that
I can bring him back to uk.

Now my question is

What documents do I need to register myself in Germany?

How long it will take to process my application?

When I register my brother in Germany how long his application will take ?

What documents do I need for his application?

Does he need to stay in Germany until he get the visa.?

Can he come with me in uk on that visa?

Do I need to apply for his uk visa (which category) I have to apply?

Thanks

secret.simon
Moderator
Posts: 11119
Joined: Thu Feb 21, 2013 9:29 pm

Re: Extended Family member of UK National

Post by secret.simon » Mon Sep 17, 2018 2:48 am

To the best of my knowledge, the Surinder Singh route, where a British citizen exercises treaty rights in another EEA member-state and returns as a quasi EEA citizen with his family members, applies only to (direct) family members (and now to a durable partner), but not to other extended family members, such as your brother.

In any case, the SS route also requires you to prove that you have moved your "centre of life" to the other EEA member-state and you will not have enough time to do so before Brexit day (29th March 2018).

The Draft Withdrawal Agreement does not cover Surinder Singh cases either and Surinder Singh cases will come under national UK law, though the UK government has stated that it will voluntarily follow the same rules post-Brexit for SS cases (Page 30 of the EU Settlement Scheme PDF). Also see EU14 of the Immigration Rules Appendix EU, which specifically refers to "family member" of a qualifying British citizen.

Therefore, I do not think that your plans for your brother are likely to succeed.

A potentially more successful alternative may be moving with him to another EEA member-state before Brexit day, staying in that EEA member-state with him, with you exercising treaty rights for five continuous years, until he acquires PR in that EEA member-state and then perhaps citizenship in that member-state.

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I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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