extended eu family member

Hello all.This is my first post on this forum as it was recently recommended by a friend who said it really helped him sorting out some problems.
My issue is this,
I am a 27 yrs old non eu family member of a naturalised British citizen.My brother was living in germany with his wife and children up untill 6 months ago when he returned to uk with his wife (also non eu)under surinder route.I had been living in his house here for 5 years while they were away and still living with him now that they are all back.
I am an over stayer since about 6 yrs now.
My question is,
Can he make an application for RC under eu directive as dependant for me since he already used same route for his wife?

Ur not a dependant tho?

What makes me a / not a dependant?
my brother had already said since am over 21,it will practically be impossible
but he wasn't sure though

Family members of United Kingdom nationals
9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who
is the family member of a United Kingdom national as if the United Kingdom national were an
EEA national.
(2) The conditions are that—
(a) the United Kingdom national is residing in an EEA State as a worker or self-employed
person or was so residing before returning to the United Kingdom; and
(b) if the family member of the United Kingdom national is his spouse or civil partner, the
parties are living together in the EEA State or had entered into the marriage or civil
partnership and were living toget

Regulation 2b does not state whether or not, it will be expected of any other dependant to have lived in the memberstate where the British National was residing.

It only states "if the family member is the spouse". Therefore one could assume that if the answer is in the negative, you are not required to have lived in the member state he was exercising treaty rights.

I will strongly suggest you seek legal advise and any wrong step could potentially open a can of worms, which could be quite unpleasant.

If you were living with him in Germany, the situation would have been much more straightforward.

shanab02 wrote:What makes me a / not a dependant?
my brother had already said since am over 21,it will practically be impossible
but he wasn't sure though

That ur brother supports u 100%, but as ur over 21 u r an adult so it's unlikely ur gonna get anywhere with this. I said unlikely, I meant impossible.

People under 21 needs not provide proof of dependancy.

The concept of dependancy applies to people over 21 who are considered under Artile 2 if they are children of the EEA national or spouse, the descendant relative under article 2 or other family member under Article 3.

You still qualify if you are over 21, provided you can prove you are dependant or member of the same houshold for which the EEA national has full ownership or pays the rent.

Hi, to add on and clarify what the other guys are saying, here is what the immigration officials point out:

EUN2.9 How do I establish dependency under the EEA Regulations?
The applicant must be wholly or mainly financially dependent on the EEA principal to meet his/ her essential needs in order to qualify for an EEA family permit. Whilst the following criteria are not in themselves grounds for refusal, they should be taken into consideration when assessing dependent relatives:
• Whether there are any other close relatives in the country of origin from whom the family member receives material support. If a family member receives funds from the EEA national but, for example, is living in the same household as another relative who provides their food and accommodation, the family member cannot be said to need the financial support of the EEA national in order to meet his/ her essential needs.
• Whether the family member leading an independent life. For example, if a direct descendent 21 or over is married (and especially if they have children), it may be questionable as to whether the EEA national is supporting the essential needs of both the family member and their spouse and children. In such cases additional attention should be paid to ensure that the financial essential needs of the family are being met by the EEA national.

Remember this is an EEA family permit. Because of this, i think your brother's wife will be your sponsor, not your brother as he is not full EEA.

URGENT PLEASE HELP ME!
hello everyone
I am Agnel
I have made an EEA2 application through extended relationship that's my uncle (my dad's brother)
He is French by birth

Application timeline

Application sent : 23rd December 2013
Payment Detected : 3rd January 2014
COA processed : 16th January 2014 (with unable to confirm the right to work)
RC refused : 6th March 2014

Reason for refusal : Based on the evidence submitted you have not demonstrated any current evidence of financial dependency upon your EEA sponsor in UK or that you are residing in the same household as your EEA family member.

Documents which I have submitted to HO
1. Birth certificates of me and my uncle
2. French family book (to prove the relationship)
3. My passport and my uncle's ID card
4. Photography proofs - 10 (from the age of 5 to till date)
5. Financial Dependency proofs bills and bank statement - 27 (before coming to UK)
6. Financial Dependency regular bank transfers in the form of bank statements (after coming to UK) - for past 4 months
7. Financially Dependency - Letter of Declaration from my school's & college's and also includes higher authorities
8. Self Declaration letter from my uncle and my parents
9. My uncle's payslip - 3 (last three months)
10. My uncle's Employer Letter
11. My university letter
12. Address Proof Documents of my uncle
* Joint Tenancy Agreement (my name and his name) - All bills included (Gas/ Water/ Electricity/ Wifi)
* Bank Letters & Statements
* EHIC (European Health Insurance Card) letter
* NI number letter
* BT Landline bills (3 months)
* 3 mobile bills
* Tesco Club membership letter
* Boots membership letter
* Nectar membership letter
* British Red Cross Letter
* Lyca mobile letter
* NHS letter
* Voter letter
* Driving license
13. Address proof Documents for me
* Joint Tenancy Agreement (my name and his name) - All bills included (Gas/ Water/ Electricity/ Wifi)
* Bank Letters & Statements
* Vodafone bills
* University Letter
* Voter Letter

Can anyone please suggest me whether I can go appeal since I have submitted all the required documents to HO and yet they have mentioned that I haven't provided financial dependency in UK or I must be living with my uncle in same household. And I qualify in both the circumstances.

thank you
Looking forward for your response!
God bless

Did you appeal what happend? i am also thinking of applying but after reading your case i am not confident

Hi
anyone have any news about EEA family dependent visa espacially gsmagnel.