Member of Same household- Brother

Hey,
Hope everyone is well.

I and my wife married and lived in UK until Dec 2012 when we moved to Ireland to live with my non-eu. We are all living together ever since under the same house.

When we were living in UK, we all decided to live as a family in one country and share same residence to reduce family expenses. My brother moved to UK in May 2011. He stayed there with us for few months. He opened current account and our landlord was aware of his tenancy with us. However, he had some problems to transfer his course contents for which he had to come back to Ireland.
I and my wife then decided to move to Ireland instead.

In 2014, we applied for his residence being a OFM (other family member) under EU directive. His initial application was refused on the basis that he never lived with us in UK. Despite the fact we provided, his UK current account statement and UK landlord letter.

We then reapplied and his application is under review with EU department of INIS. Eventually Department has now recognised that he did stay with us in UK. However now case officer insisting that he only visited us temporarily therefore he does not satisfy the requirement of member of same household of EU citizen prior to moving to state.

My solicitor has asked case worker if Minister can provide more info on how long someone need to stay to be regarded as a member of household. However solicitor did not get any response but letter stating that applicant only stayed temporarily therefore does not qualify under EU directive.

Can you please advise?

I will also share our experience here...thinking it may help someone

To be considered as ordinary resident, you need to stay 185 days a year for tax purposes and doj increase the days to 250 days (based on hormone levels of case worker at time of check).. 185 days is absolute minimum to be considered as ordinary resident in the country

Hi Treefriend


Is there any update on your brother application, also have you provide any dependency documents as well ?

and how long it take in review ?

Thanks

Hey. Just wanted to ask if your brother's application eventually got approved or not?