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BC nephew to sponsor aunts/uncles via Surinder Singh

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

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pyaris
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BC nephew to sponsor aunts/uncles via Surinder Singh

Post by pyaris » Sun Feb 28, 2016 2:59 pm

Does SS route allow a 17 year old BC who is living in Holland to apply for a family permit for uncles and aunties (mums brother and sisters)who are non EU citizens (Pakistani)?

If yes how should one go about it?

Thanks

noajthan
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Re: EEA2 Surinder Singh 3 Month Success Story

Post by noajthan » Sun Feb 28, 2016 3:10 pm

pyaris wrote:Does SS route allow a 17 year old BC who is living in Holland to apply for a family permit for uncles and aunties (mums brother and sisters)who are non EU citizens (Pakistani)?

If yes how should one go about it?

Thanks
What is this person doing in Holland? What has he been doing there / and for how long?
Is he returning to UK?
Is he head of a household? what household & where?
Do these relatives depend on him? if so how/where/when?
Who is in Holland with this BC now?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: EEA2 Surinder Singh 3 Month Success Story

Post by Casa » Sun Feb 28, 2016 3:29 pm

noajthan wrote:
pyaris wrote:Does SS route allow a 17 year old BC who is living in Holland to apply for a family permit for uncles and aunties (mums brother and sisters)who are non EU citizens (Pakistani)?

If yes how should one go about it?

Thanks
What is this person doing in Holland? What has he been doing there / and for how long?
Is he returning to UK?
Is he head of a household? what household & where?
Do these relatives depend on him? if so how/where/when?
Who is in Holland with this BC now?
...and just how many family members is he claiming are wholly dependent on him?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

pyaris
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Re: BC nephew to sponsor aunts/uncles via Surinder Singh

Post by pyaris » Sun Feb 28, 2016 6:05 pm

She is living with her friends grandparents who is also a BC. She is self employed for approx 5 months and will eventually get a place of her own. she does frequently travel to the UK. Her relatives consist of Grandma 2 uncles and and 2 aunties ...1 aunti is deaf. She sends approx 300 to 400 Euros a month to support them. She only recently started to support them as she was raised by them when she was a child and is very close and emotionally attached to them. Her relatives all live in Pakistan.

Thanks for the replies

Wanderer
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Re: BC nephew to sponsor aunts/uncles via Surinder Singh

Post by Wanderer » Sun Feb 28, 2016 6:53 pm

pyaris wrote:She is living with her friends grandparents who is also a BC. She is self employed for approx 5 months and will eventually get a place of her own. she does frequently travel to the UK. Her relatives consist of Grandma 2 uncles and and 2 aunties ...1 aunti is deaf. She sends approx 300 to 400 Euros a month to support them. She only recently started to support them as she was raised by them when she was a child and is very close and emotionally attached to them. Her relatives all live in Pakistan.

Thanks for the replies
How does he plan to support them in The Nederlands?
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: BC nephew to sponsor aunts/uncles via Surinder Singh

Post by Casa » Sun Feb 28, 2016 7:01 pm

300-400 euros a month won't support Grandma 2 uncles and and 2 aunties in the Netherlands. That's only 20 euros a week each! :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Re: BC nephew to sponsor aunts/uncles via Surinder Singh

Post by noajthan » Sun Feb 28, 2016 7:04 pm

pyaris wrote:She is living with her friends grandparents who is also a BC. She is self employed for approx 5 months and will eventually get a place of her own. she does frequently travel to the UK. Her relatives consist of Grandma 2 uncles and and 2 aunties ...1 aunti is deaf. She sends approx 300 to 400 Euros a month to support them. She only recently started to support them as she was raised by them when she was a child and is very close and emotionally attached to them. Her relatives all live in Pakistan.

Thanks for the replies
The aunts/uncles are classed as extended family members.

For this plan to get off the ground they would need to be living in the Netherlands for some time, with the sponsor, in her household.

As for entry into UK, the HO plays hardball; here is their current take on such cases.
Note this stance may change (& harden) as recent announcements coming out of Europe in response to DC's initiatives take shape.
Where the extended family member did not reside in the same country as the EEA national before the EEA national came to the UK, and where the EEA national provided financial support only to the extended family member, it is unlikely that the extended family member would be able to demonstrate that refusing to issue them with an EEA family permit would prevent the EEA national from exercising their Treaty rights in the UK. This is because the EEA national could continue to provide financial support to the applicant from the UK
https://www.gov.uk/government/publicati ... ly-members
- section 7

Grandmother is a direct family member and the Regulations are more favourable..
Dependency still has to be demonstrated.
My understanding is grandmother would be expected to be living in the sponsor's household in the Netherlands too, before migrating to UK.

See section 9 of above link to see how dependency is expected to be demonstrated.
EUN2.9 How do I establish dependency under the EEA Regulations?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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CR001
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Re: BC nephew to sponsor aunts/uncles via Surinder Singh

Post by CR001 » Sun Feb 28, 2016 7:35 pm

pyaris wrote:Her relatives all live in Pakistan.
If all your 'friends' relative live in Pakistan, how did your 'friend' get British Citizenship?
very close and emotionally attached to them
HO don't work based on emotions, the base their decisions on the rules.
Char (CR001 not Casa)
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