can i apply EEA FAMILY for dependant who is overstayer?

davidtobi · Post by **davidtobi** » Wed Mar 24, 2010 3:51 pm

Hi there,

I am an EEA member working in the UK. My sibling who is 20,is a NON EEA-member and is an overstayer .Can or How do I apply for the EEA Family permit??

Wanderer · Post by **Wanderer** » Wed Mar 24, 2010 3:55 pm

davidtobi wrote:Hi there,

I am an EEA member working in the UK. My sibling who is 20,is a NON EEA-member and is an overstayer .Can or How do I apply for the EEA Family permit??

Dependant?

Are u an EEA citizen or one deriving rights from an EEA citizen?

davidtobi · Post by **davidtobi** » Wed Mar 24, 2010 4:05 pm

I am an EEA citizen.

Ignore the Dependant bit, wrong use of word.

Wanderer · Post by **Wanderer** » Wed Mar 24, 2010 4:18 pm

davidtobi wrote:I am an EEA citizen.

Ignore the Dependant bit, wrong use of word.

I meant is ur sibling a dependant?

Which country are u from originally?

Ben · Post by **Ben** » Wed Mar 24, 2010 4:41 pm

davidtobi wrote:Hi there,

I am an EEA member working in the UK. My sibling who is 20,is a NON EEA-member and is an overstayer .Can or How do I apply for the EEA Family permit??

When did you move to the UK?
When did your sister move to the UK?
Where did each of you live prior to moving to the UK?
Was she dependant on you in the country from which she has come?

davidtobi · Post by **davidtobi** » Wed Mar 24, 2010 7:02 pm

I moved to the UK in 2000, sister moved to UK in 2002, she's been a dependant before she moved from Nigeria.We're both from Nigeria originally.

Ben · Post by **Ben** » Wed Mar 24, 2010 7:13 pm

Then she appears to be a Beneficiary, as described in Â§3(2) of Directive 2004/38/EC.

She should apply for a Residence Card using form EEA2, making sure to provide clear evidence of dependence on you in Nigeria and in the UK.

davidtobi · Post by **davidtobi** » Wed Mar 24, 2010 7:44 pm

What would you classify as clear evidence as dependance, just to be sure I know exactly what to do.

Ben · Post by **Ben** » Wed Mar 24, 2010 7:51 pm

davidtobi wrote:I moved to the UK in 2000, sister moved to UK in 2002

My apologies, I overlooked that it appears that your sister acquired the right of Permanent Residence in 2007. She should therefore not apply for a Residence Card, but a Permanent Residence Card, using form EEA2.

davidtobi · Post by **davidtobi** » Wed Mar 24, 2010 7:56 pm

Thanks, that sounds great. What would you classify as clear evidence of dependence on me. As in what kind of documents should I send along with my application.

Ben · Post by **Ben** » Wed Mar 24, 2010 7:59 pm

Hang on, I may be wrong here.

3.2 family members do not have an automatic right of residence, which would mean that they may not have an automatic right of permanent residence.

She may be better applying for a Residence Card first, then a Permanent Residence Card once the UKBA have confirmed the facilitation of her residence.

Wait for the comments of others first.

jajanana · Post by **jajanana** » Wed Mar 24, 2010 8:48 pm

Prove of address in Nigeria and in the Uk
Birth certificate to show that you both share the same parents
Your wage slip and employment letter
Your EU passport or ID card and your sister Nigeria passport
Family tree show the link of relationship

You can pm for more details.

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can i apply EEA FAMILY for dependant who is overstayer?

can i apply EEA FAMILY for dependant who is overstayer?

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