eubritish wrote: ↑Thu Aug 09, 2018 7:58 pm
Extended family member who is issued an EEA Family Permit or a residence card is counted as *Family* member, not extended.
Osafidence wrote: ↑Thu Aug 09, 2018 9:42 pm
I guess you are class as family member after the issuance of RC
I believe that
CR001 is correct in that the status of an EFM does not change to being an FM on receipt of a Residence Card
CR001 wrote: ↑Thu Aug 09, 2018 7:02 pm
An extended FM remains an extended FM, getting a RC doesn't change that.
Regulation 7(3) of the EEA Regulations 2016 wrote:(3) A person (“B”) who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card
must be treated as a family member of A, provided—
(a)
B continues to satisfy the conditions in regulation 8(2), (3), (4) or (5);
and
(b) the EEA family permit, registration certificate or residence card remains in force.
The inherent characteristic of the EFM does not change on receipt of the Residence Card. It is merely that s/he is treated as an FM, conditional on holding a Residence Card AND on continuing to meet the requirements listed in
Regulation 8 (i.e. being dependent on the EEA citizen sponsor or being a member of their household or a durable partner). If the person ceases to meet the requirements of Regulation 8, he ceases to be treated as an FM, even if he continues to hold a Residence Card.
It is worth remembering that documentation issued under the EEA Regulations are not visas. They only certify that a specific state of affairs exists (i.e, that one is an EEA citizen exercising treaty rights, is the spouse of an EEA citizen exercising treaty rights, etc). If that state of affairs comes to an end, any rights under the EEA regulations cease to be, even if you hold documentation under the EEA Regulations. Such documentation does not give any independent rights, it only certifies the presence of rights based on an underlying state of affairs. If the state of affairs ceases, the rights cease.
It is also worth remembering that rights of EFMs are a matter for national legislation and not directly EU law. All that the EU requires is that the Member-state "facilitiate" the EFMs. The Member-state also may impose requirements as regards the duration and nature of dependence. See the
ECJ Rahman judgment.
To recap, only Family Members as defined in
Directive 2004/38/EC have rights granted under the Directive itself. EFMs do not become FMs on the receipt of a Residence Card. UK law provides that they are treated as such provided they continue to meet the requirements of being an EFM.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
