EU Dependency

[cheddy]

hi all, i would be glad if anyone could give me advice pertaining to EU dependency. my question is, .......is it possible to apply for eu dependency for my niece who is currently in the uk(studying) and been staying there since april 2003? i am an eu citizen (germany) but my niece is not from europe. Due to some family issues, i am willing to take care of her as one of my own. what procedures do i have to follow please? also she will be turning 25yrs very soon so i'll like to know if that will also cause problems.

[Directive/2004/38/EC]

Interesting question.

She needs to be dependent on you. It is not clear for how long she must have been dependent, though if you have been fully supporting her for some time then I think it naturally falls in the right category.

[Ben]

I believe that Directive/2004/38/EC would apply in this case, so long as you can provide evidence that your niece was dependent on you in the country from which has come.

I am a British citizen living in Ireland with my non-EU wife. Recently, the Irish Department of Justice granted residency for my wife's elder brother (he is aged 25), on account of him having lived in the same household as me, prior to our move to Ireland.

This case is obviously different to yours and you niece's though, but the point us that Directive/2004/38/EC can be extended to family members other than spouse, children or parents, provided that one of the following conditions are met:

1. He/she is dependent on the EU citizen in the country from which they have come.
2. He/she is a member of the same household of the EU citizen in the country from which he/she has come.
3. Where serious health grounds strictly require the personal care of him/her by the EU citizen.

The question is, in the country your niece came from, prior to her move to the UK, (i.e., not now) was she dependent on you?


Directive/2004/38/EC can be found here:
http://eur-lex.europa.eu/LexUriServ/Lex ... 038:EN:NOT

[Directive/2004/38/EC]

I am very curious how this was handled by Irish DOJ.

Were they interested in your brother in law's residency in the EU country prior to moving to Ireland or in the non-EU country where your wife comes from? Did they issue a EU-law based Residence Card (using form EU1) or stamp 4 EU Fam?

What questions did they ask? How did you prove the dependency?

[Ben]

I am very curious how this was handled by Irish DOJ.

Were they interested in your brother in law's residency in the EU country prior to moving to Ireland or in the non-EU country where your wife comes from? Did they issue a EU-law based Residence Card (using form EU1) or stamp 4 EU Fam?

What questions did they ask? How did you prove the dependency?

I'm going to PM you the details, Directive/2004/38/EC. I don't wish to publicise my brother-in-laws case in detail, in the public forum for reasons I will explain to you.

[cheddy]

[quote="benifa"]
1. He/she is dependent on the EU citizen in the country from which they have come.
2. He/she is a member of the same household of the EU citizen in the country from which he/she has come.
3. Where serious health grounds strictly require the personal care of him/her by the EU citizen.

The question is, in the country your niece came from, prior to her move to the UK, (i.e., not now) was she dependent on you?


my niece was not dependent on me prior to her move to the uk. it was recently my sister could not take care of her anymore and i had to step in and help her child (my niece), who becomes my responsilbility due to our culture.

does this answer your question?

[Ben]

my niece was not dependent on me prior to her move to the uk. it was recently my sister could not take care of her anymore and i had to step in and help her child (my niece), who becomes my responsilbility due to our culture.

does this answer your question?

It does answer the question, and it looks like your case does not meet the criteria for an application under Directive/2004/38/EC. I'm no expert, but since the criteria is not met, I don't like your chances of success with this.