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Patience
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Joined: 30 Apr 2006
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 Posted: Sun Jan 24, 2010 4:59 pm Post subject: NON EEA dependent and extended Family member ISSUES! |
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I am a non EEA Residence permit holder thanks to my EEA spouse.
I wonder what my sister or brother should qualify as in terms of Family member or EXTENDED family member, since the rules are not straightforward for EXTENDED family members.
How is dependency considered in cases of extended Family members?
How can I proof dependency ? Western Union etc receipts were not filed etc.
Is there another way of proving dependency?
Has anyone here succeeded in an a non EEA extended family application and what documents where filed and instrumental?
Last edited by Patience on Sun Jan 24, 2010 5:36 pm; edited 1 time in total |
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Wanderer
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| Posted: Sun Jan 24, 2010 5:27 pm Post subject: Re: NON EEA dependent and extended Family member ISSUES! |
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| Patience wrote: | I am a non EEA Residence permit holder thans to my EEA spouse.
I wonder what my sister or brother should qualify as in terms of Family member or EXTENDED family member, since the rules are not straightforward for EXTENDED family members.
How is dependency considered in cases of extended Family members?
How can I proof dependency ? Western Union etc receipts were not filed etc.
Is there another way of proving dependency?
Has anyone here succeeded in an a non EEA extended family application and what documents where filed and instrumental? |
Well u have to be fair, why move to EU presumably due to a serious relationship an then drag all ur family here?
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Patience
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| Posted: Sun Jan 24, 2010 5:42 pm Post subject: |
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| Quote: | | Well u have to be fair, why move to EU presumably due to a serious relationship an then drag all ur family here? |
 Not wrong with getting my only dependent sister to join us and continue her studies on a course no university in my home country offers post graduate courses. etc.
We live a free world where anyone can live anywhere if they follow the rules as prescribed. |
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Patience
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| Posted: Sun Jan 31, 2010 1:13 pm Post subject: |
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I was wandering is collecting and presenting receipts from Western Union to prove financial assistance will be the best way of proving financial dependency.?
I will appreciate some input.
Thanks. |
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Ben
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| Posted: Sun Jan 31, 2010 2:36 pm Post subject: |
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What is your sister's and brother's relationship with the EEA national?
Are they described in Article 3(2) of Directive 2004/38/EC?
| Directive 2004/38/EC, Article 3(2) wrote: | Without prejudice to any right to free movement and residence the persons concerned may have
in their own right, the host Member State shall, in accordance with its national legislation, facilitate
entry and residence for the following persons:
(a) any other family members, irrespective of their nationality, not falling under the definition in
point 2 of Article 2 who, in the country from which they have come, are dependants or
members of the household of the Union citizen having the primary right of residence, or
where serious health grounds strictly require the personal care of the family member by the
Union citizen;
(b) the partner with whom the Union citizen has a durable relationship, duly attested.
The host Member State shall undertake an extensive examination of the personal circumstances and
shall justify any denial of entry or residence to these people. |
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Patience
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| Posted: Mon Feb 01, 2010 11:07 am Post subject: |
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Thanks for the interest Benifa.
I am not sure if I understand if they are are described in the article.
I am a non EEA Residence Permit Holder.My Spouse is an EEA.
The applicant in question is my sister.
Hope this helps. |
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Ben
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| Posted: Mon Feb 01, 2010 11:38 am Post subject: |
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| Patience wrote: | I am a non EEA Residence Permit Holder.My Spouse is an EEA.
The applicant in question is my sister. |
The applicant's relationship to you is largely immaterial. For the purpose of Directive 2004/38/EC, it is the applicant's relationship with the EEA national that counts.
In short, the applicant must be a person described in either Article 2(2) or in Article 3(2) of the Directive.
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Patience
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Ben
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| Posted: Mon Feb 01, 2010 1:25 pm Post subject: |
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| Patience wrote: | | I wonder where the sister on a non EEA resident permit holder falls? |
Nowhere unless they also have a relationship with the EEA national as described in Article 2(2) or in Article 3(2) of the Directive.
Hint: was your sister a member of the EEA national's household in the country from which she has come? Or was she dependant on the EEA national in the country from which she has come?
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Patience
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| Posted: Mon Feb 01, 2010 1:31 pm Post subject: |
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| benifa wrote: | | Patience wrote: | | I wonder where the sister on a non EEA resident permit holder falls? |
Nowhere unless they also have a relationship with the EEA national as described in Article 2(2) or in Article 3(2) of the Directive.
Hint: was your sister a member of the EEA national's household in the country from which she has come? Or was she dependant on the EEA national in the country from which she has come? |
She is financially dependent on me and my spouse(EEA National) from the country she currently is in. |
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Ben
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| Posted: Mon Feb 01, 2010 1:37 pm Post subject: |
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| Patience wrote: | | She is financially dependent on me and my spouse(EEA National) from the country she currently is in. |
Bingo. Then she is a person described in Article 3(2) of the Directive and so entitled to have her entry to and residence in the UK facilitated.
Is she a visa required national? If so, your sister will have to apply for an EEA Family Permit. As part of this, she will have to prove that she is dependant on the EEA national in the country from which she is coming.
There are no hard and fast rules in relation to proving dependency, but it must be proof. Think receipts, statements, other evidence of financial transfers.
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86ti
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| Posted: Mon Feb 01, 2010 1:38 pm Post subject: |
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| Patience wrote: | | She is financially dependent on me and my spouse(EEA National) from the country she currently is in. |
To what extent? The support throught the EEA national must be substantial. Are there any other family members that (could) provide for her? |
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Patience
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| Posted: Mon Feb 01, 2010 1:59 pm Post subject: |
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| 86ti wrote: | | Patience wrote: | | She is financially dependent on me and my spouse(EEA National) from the country she currently is in. |
To what extent? The support throught the EEA national must be substantial. Are there any other family members that (could) provide for her? |
It is basically financial.We sponsor her in the Uni(rents,up keep,allowance etc)
Yes there are Family members who cannot afford to provide for her. |
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86ti
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| Posted: Mon Feb 01, 2010 2:10 pm Post subject: |
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| Patience wrote: | | 86ti wrote: | | Patience wrote: | | She is financially dependent on me and my spouse(EEA National) from the country she currently is in. |
To what extent? The support throught the EEA national must be substantial. Are there any other family members that (could) provide for her? |
It is basically financial.We sponsor her in the Uni(rents,up keep,allowance etc)
Yes there are Family members who cannot afford to provide for her. |
You will have to show that she isn't able to support her basic needs on her own and that the other family members are unable to support her. Of course, you will also have to show that money and how much was flowing from you to her. |
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Obie
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| Posted: Mon Feb 01, 2010 7:05 pm Post subject: |
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| 86ti wrote: |
To what extent? The support throught the EEA national must be substantial. Are there any other family members that (could) provide for her? |
With this recent High Court ruling, i am unsure they will be able to apply the above.
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BLK235
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| Posted: Mon Feb 01, 2010 9:38 pm Post subject: |
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| How old is your sister? |
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86ti
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| Posted: Tue Feb 02, 2010 8:35 am Post subject: |
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| Obie wrote: | | 86ti wrote: |
To what extent? The support throught the EEA national must be substantial. Are there any other family members that (could) provide for her? |
With this recent High Court ruling, i am unsure they will be able to apply the above. |
Which means that this would work in favour of the OP, i.e. they support the sister so she must be accepted as a dependant under the EEA rules. It may be a good idea to refer to this ruling in the cover letter. |
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Patience
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| Posted: Tue Feb 02, 2010 6:01 pm Post subject: |
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| BLK235 wrote: | | How old is your sister? |
Thanks for your input.
She is 24. |
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Patience
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Posts: 71
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| Posted: Tue Feb 02, 2010 6:09 pm Post subject: |
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| 86ti wrote: | | Obie wrote: | | 86ti wrote: |
To what extent? The support throught the EEA national must be substantial. Are there any other family members that (could) provide for her? |
With this recent High Court ruling, i am unsure they will be able to apply the above. |
Which means that this would work in favour of the OP, i.e. they support the sister so she must be accepted as a dependant under the EEA rules. It may be a good idea to refer to this ruling in the cover letter. |
Interesting! Thanks again.
I understand we have to prove dependency irrespective of why other family members cannot support etc ? |
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Pakhtoon
- thin ice -
Joined: 24 Sep 2007
Posts: 890
Location: Warsaw, Poland
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| Posted: Tue Feb 02, 2010 7:55 pm Post subject: Re: NON EEA dependent and extended Family member ISSUES! |
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| Wanderer wrote: | | Patience wrote: | I am a non EEA Residence permit holder thans to my EEA spouse.
I wonder what my sister or brother should qualify as in terms of Family member or EXTENDED family member, since the rules are not straightforward for EXTENDED family members.
How is dependency considered in cases of extended Family members?
How can I proof dependency ? Western Union etc receipts were not filed etc.
Is there another way of proving dependency?
Has anyone here succeeded in an a non EEA extended family application and what documents where filed and instrumental? |
Well u have to be fair, why move to EU presumably due to a serious relationship an then drag all ur family here? |
What if the Nigerian guy with 86 wives and 170 children moves to UK after he marries a British or EU woman ( or man ) ??
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“Terrorism is the war of the poor; war is the terrorism of the rich.” Sir Peter Ustinov |
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