EEA Extended Family Member

Hi people please kindly go through my article and your valuable suggestion will be appreciated

My bother(blood brother) is a French citizen he got his citizenship on 2013.

I came to UK 2010 on tier 4 student visa, I have completed BA(Hons) on 2013, Then completed my MBA 2015.

I have applied for EEA Extended family member on October 2015, Refused and got appeal right April 2016. I lodged my appeal same month April 2015. Since then I been waiting for a hearing date. Now as the new issue raised based on Sala's case there is no right to appeal for extended family member so I been told i won't get a hearing date. So my question is whether i will get a oral hearing date or shall go for fresh application? or what would be my next step?

Is your brother resident in the UK?

mithuncox wrote:he got his citizenship on 2013

Do you mean British citizenship or do you mean French citizenship? A British citizen can not sponsor you as a family member in the UK.

If he is a French citizen resident in the UK, how is he exercising treaty rights?

Were you dependent on your brother ? And if so, what proof of dependency did you attach to the application?

secret.simon wrote:Is your brother resident in the UK?

mithuncox wrote:he got his citizenship on 2013

Do you mean British citizenship or do you mean French citizenship? A British citizen can not sponsor you as a family member in the UK.

If he is a French citizen resident in the UK, how is he exercising treaty rights?

Were you dependent on your brother ? And if so, what proof of dependency did you attach to the application?

French citizenship(passport), and we have fulfilled pretty much everything required. our birth certificate, passport, id contains same parents name. they said dependency proof was not enough , and why my brother didn't send money to me when i was back home but the fact it i was underage during the period so money been sent to my fathers name. they also said probably we lived on a different address when my brother was on uk which is totally wrong. so i was hoping to win this case on court. but due to sala's case the new issue coming into action and i been told there won't be a hearing date as there is no appeal right for eea extender family member.

as a dependency proof i have attached 3 western union money receipt amount £3000 £600 £700 which been sent from france to uk, but home office said this does not proof if i am completely depended upon him.

mithuncox wrote:French citizenship(passport), and we have fulfilled pretty much everything required. our birth certificate, passport, id contains same parents name. they said dependency proof was not enough , and why my brother didn't send money to me when i was back home but the fact it i was underage during the period so money been sent to my fathers name. they also said probably we lived on a different address when my brother was on uk which is totally wrong. so i was hoping to win this case on court. but due to sala's case the new issue coming into action and i been told there won't be a hearing date as there is no appeal right for eea extender family member.

as a dependency proof i have attached 3 western union money receipt amount £3000 £600 £700 which been sent from france to uk, but home office said this does not proof if i am completely depended upon him.

Proof of dependency seems patchy.

If your T4 has expired you will most likely be an overstayer now.

Start here:
https://www.gov.uk/government/uploads/s ... als_v3.pdf

^^ I am not a overstayed as long as i have case pending with home office and court,

all i wanted to whats gonna happen with the pending case as i still didn't get appeal date after 10 month ,

mithuncox wrote:^^ I am not a overstayed as long as i have case pending with home office and court,

all i wanted to whats gonna happen with the pending case as i still didn't get appeal date after 10 month ,

3C leave does not apply to EU cases so until you are recognised as an EFM (by issue of an EFM RC) its unclear on what basis you are in UK.

noajthan wrote:If your T4 has expired you will most likely be an overstayer now.

+1

mithuncox wrote:^^ I am not a overstayed as long as i have case pending with home office and court,

That rule, also called Section 3C, only applies to applications made under the UK Immigration Rules (typically one of the Tier routes and their dependents or spouse of British citizens).

That rule does not apply to applications made under the EEA Regulations.

As Noajthan has mentioned, your status as an EFM only starts when you are issued a Residence Card by the Home Office. But your leave to remain expired when your Tier 4 visa expired. So, between the time of the end of the Tier 4 visa and the Residence Card (if you are issued one), you are an overstayer. And that will impact any future applications both under the UK Immigration Rules (ILR(LR), for example) and any future naturalisation applications.

As you have mentioned, there are no appeal rights for EFMs. You may want to consider either making a fresh application with better evidence or moving with your brother to a country that is more accommodating to EFMs.

Hello everyone!

I would like your kind advise on my topic. My sister needs to apply for an EEA family permit from overseas, but not sure whether she needs to apply as a direct family member / extended family member. I am a non EEA citizen with RC married to an EEA national.

Your help/advise would be much appreciated.

Thank you so much.

A Awan

Malik_01 wrote:Hello everyone!

I would like your kind advise on my topic. My sister needs to apply for an EEA family permit from overseas, but not sure whether she needs to apply as a direct family member / extended family member. I am a non EEA citizen with RC married to an EEA national.

Your help/advise would be much appreciated.

Thank you so much.

A Awan

Please start your own thread and don't hijack others please, it's considered very rude.

Sorry everyone, just realised that I have not posted on the right way. I am new here and usually not posting on forums! Thanks for the kind reminder though!

so what the next move you suggest me? make a fresh application or go for a judicial review?

Ps: any there is any update based on sala's case decision?