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Hello everyone,
I am EU national and we recently applied for an EEA EFM for my brother-in-law who is not from the Union.
As he got unemployed in his country, I and my husband (his brother) started to support him financially. We supported him for around half year and then he came to the UK, unfortunately without obtaining a family permit, eg illegally.
Since February`15 he lives with us.
Now our application form is in the HO. We continue to support him financially and he is a part of our household too.
What are our chances to get a visa for him?
Anyway, we are prepared to re-apply as many times as possible until we get the visa.
Thanks in advance.

Having a family permit in advance of coming to the UK is not a pre-requisite, dependency on, or membership of the household of the EEA national family member before coming to the UK is however required.

If he came on a visit visa, the Home Office may trawl the records and produce what he said were his financial circumstances/household membership when he applied for the visit visa, if that conflicts with what is stated in the EEA (FM) application they could refuse on the basis that both accounts could not be correct.

el patron wrote:Having a family permit in advance of coming to the UK is not a pre-requisite, dependency on, or membership of the household of the EEA national family member before coming to the UK is however required.

If he came on a visit visa, the Home Office may trawl the records and produce what he said were his financial circumstances/household membership when he applied for the visit visa, if that conflicts with what is stated in the EEA (FM) application they could refuse on the basis that both accounts could not be correct.

As I mentioned, he was dependent on me prior his arrival in the UK, but he entered the UK illegally. As they recently changed the forms, we had to declare how he entered the UK and had to describe how it would affect me to exercise my treaty rights in the UK, if his application is to be refused. Also, I am a student (finishing studies this month), working part time at the moment, but from June I will work on a full-time basis.
I know that most likely his visa application will be refused.. I am worried about the fact that he came to the UK illegally while we supported him, the HO might consider as an abuse or smth like that..

Metock case on your side, i.e. no need to show lawful residence which may equate to no need to show lawful entry..? Are you sure he entered illegally? Did he enter via the Irish land border?

el patron wrote:Metock case on your side, i.e. no need to show lawful residence which may equate to no need to show lawful entry..? Are you sure he entered illegally? Did he enter via the Irish land border?

Thank you for your response and Metock`s case.

I am not fully aware of the way he entered the UK but I know that he had a Schengen visa.

This is not a straight forward case and has some complications, I just hope they will not keep our documents for 6 months and then refuse. I would prefer to get the decision sooner.

Did anyone had a similar situation and would share their experience with me?

Hello everyone,

fortunately, a month ago, we got a visa for my brother-in-law (extended dependent family member) which is for five year- as all EEA Residence cards! The application was under consideration for 5 months and his BRP card was delivered the next day after all our documents were returned back to us.

Thank you everyone who supported us and helped with their advice.

Due to his illegal presence in the country, he will face a 10 year ban on citizenship application under current rules, which may change.

And if the UK were to leave the EU, any future visa applications may also be affected.

secret.simon wrote:Due to his illegal presence in the country, he will face a 10 year ban on citizenship application under current rules, which may change.

And if the UK were to leave the EU, any future visa applications may also be affected.

Yes, rules might change and in the case where UK leaves the EU, some restrictions will come into force. But we do not know what restrictions there will be, I am sure that rights of those already in the UK will not be dramatically affected.

Orxy wrote:Hello everyone,

fortunately, a month ago, we got a visa for my brother-in-law (extended dependent family member) which is for five year- as all EEA Residence cards! The application was under consideration for 5 months and his BRP card was delivered the next day after all our documents were returned back to us.

Thank you everyone who supported us and helped with their advice.

Hi,
It's good to read a positive outcome for an extended family member. Could you please share what documents you provided and your timeline in more detail?

Thanks

Hi,

Can you please share the documents you have submitted for extended family member.

It will be helpful for many others too..


Thanks

Babajee85 wrote:Hi,

Can you please share the documents you have submitted for extended family member.

It will be helpful for many others too..


Thanks

HelLo everyone,

Sorry for not answering.
So basically we showed a financial support to him for six months (money transfers) because he lost his work and was unable to support himself due to an injury;
Skype and phone call history- showing emotional support;
Then he arrived in the UK, registered him at our address (added his name to few bills;
Opened a bank account and continued to support him by transferring a money from my account (eea national) and my husbands account (his brother);
We provided around 20 photos where we three are together from different events;
Of course, I provided evidence of exercising my Treaty rights In the UK;
Bank statements of mine and my husband (with good savings) to show that we are not in receipts of any public funds;
I provided a letter explaining why our arrangements could not continue as they were before he came to the UK and also explained how I will be affected, if his application is refused and he has to leave the UK- how will that affect me of exercising my Treaty rights in the UK;
And of course we provided their both birth certificates (translated into English) to prove they are brothers, our original marriage certificate, my husband's copy of passport and his Residence card, my original passport and applicant's original passport.
Good tip: we continued to submit fresh evidence of all above mentioned during the consideration. I think that we sent additional docs twice.
I think that's all I hope it will help someone.
(sorry for mistakes)

Thanks for sharing!

Did he arrive in the UK with an EEA Family permit?

seekingadvice87 wrote:Thanks for sharing!

Did he arrive in the UK with an EEA Family permit?

No, unfortunatelly he did not have any permission to enter the UK.

Orxy wrote:

seekingadvice87 wrote:Thanks for sharing!

Did he arrive in the UK with an EEA Family permit?

No, unfortunatelly he did not have any permission to enter the UK.

Which visa ur husband have??

Orxy wrote:

Babajee85 wrote:Hi,

Can you please share the documents you have submitted for extended family member.

It will be helpful for many others too..


Thanks

HelLo everyone,

Sorry for not answering.
So basically we showed a financial support to him for six months (money transfers) because he lost his work and was unable to support himself due to an injury;
Skype and phone call history- showing emotional support;
Then he arrived in the UK, registered him at our address (added his name to few bills;
Opened a bank account and continued to support him by transferring a money from my account (eea national) and my husbands account (his brother);
We provided around 20 photos where we three are together from different events;
Of course, I provided evidence of exercising my Treaty rights In the UK;
Bank statements of mine and my husband (with good savings) to show that we are not in receipts of any public funds;
I provided a letter explaining why our arrangements could not continue as they were before he came to the UK and also explained how I will be affected, if his application is refused and he has to leave the UK- how will that affect me of exercising my Treaty rights in the UK;
And of course we provided their both birth certificates (translated into English) to prove they are brothers, our original marriage certificate, my husband's copy of passport and his Residence card, my original passport and applicant's original passport.
Good tip: we continued to submit fresh evidence of all above mentioned during the consideration. I think that we sent additional docs twice.
I think that's all I hope it will help someone.
(sorry for mistakes)

How did he open an account if he was illegal, does bank check his visa ??

Which bank did he use to open an account

PutiniEEA wrote:

Orxy wrote:

seekingadvice87 wrote:Thanks for sharing!

Did he arrive in the UK with an EEA Family permit?

No, unfortunatelly he did not have any permission to enter the UK.

Which visa ur husband have??

My husband has an EEA Residence card.

Can u please explain more about it

PutiniEEA wrote:Can u please explain more about it

What exactly?

I have EEA resident card as non EEA national, is it possible that my wife can sponsor my parents as extended family member?? My parents are non EEA national

PutiniEEA wrote:I have EEA resident card as non EEA national, is it possible that my wife can sponsor my parents as extended family member?? My parents are non EEA national

They will be direct dependent family members. You will have to prove that they are financially dependent on you or/and your wife.

Okay that one we can prove but I am also dependent of my wife, is it still possible to bring more dependent on me or my wife??


Are they direct family members to my wife (EEA national)??

If yes, can I get all the list that u have submitted for ur bro in law??

PutiniEEA wrote:Okay that one we can prove but I am also dependent of my wife, is it still possible to bring more dependent on me or my wife??


Are they direct family members to my wife (EEA national)??

If yes, can I get all the list that u have submitted for ur bro in law??

Please note that I am not a lawyer and my comments are purely based on my knowledge rather on my (if any) qualifications.
As you are a family member of an EEA national (spouse), you are entitled for a Residence card as long as your wife exercised her Treaty rights in the UK. You are not dependent on your wife, she is called a Sponsor solely because of her economic activity in the UK you are able to join her and be with her. Also, you can work, so you are not a dependent of your wife.
Your parents and her parents (as sometimes situation can be that she acquired EEA nationality by naturalisation and ancestry) can join you in the UK. The are called direct family members under EEA Regulations 2006:
"Family members who come under regulation 7(1)(a), (b) and (c) of the Immigration (EEA) Regulations 2006 (‘the Regulations’) are often called ‘core ‘or ‘direct’ family members.
The following can be considered as direct family members:
- spouse or civil partner
- direct descendants of the EEA national or their spouse or civil partner who are:
o under the age of 21
o dependants of the EEA nationals or their spouse or civil partner
 dependent direct relatives in the ascending line of the EEA national or their spouse or
civil partner" (https://www.gov.uk/government/uploads/s ... s_v3_0.pdf)
In my previous post I made a long list of docs which I submitted for my brother in law. I can say that you need to show that your parents are mainly supported by you and your wife and could not survive with their little income, if any, such as pension or any state benefits. You will have to prove that you provide them with the financial help, prove their income from any other sources, such as pension or any state benefits.
The list of docs depends on what their circumstances are at their home country (who owns their house for example, is there anyone else who could support them there).
Also, it is very important what is the status of your wife in the UK, is she employed, self- employed, jobseeker, a permanent resident, a student (then they cannot qualify as direct dependents and will count as extended family members of hers) or a self- sufficient person. It also plays a role whether you or your wife receive any public funds.

Thanks for valuable information, I will start this process by acquiring more information