British national using Eu laws to sponsor?

Javaidsac · Post by **Javaidsac** » Fri Nov 22, 2019 10:42 am

Hi there,

I just heard that if you are a British national and migrate to the EU, you can actually sponsor anyone of your relatives who are outside the EU and UK using the EU laws. Is that correct?

Thank you

CR001 · Post by **CR001** » Fri Nov 22, 2019 10:45 am

Only direct family members usually, i.e. spouse and children under 21.

You also have to move your centre of life to the EU state for usually 6 months or more and prove you are exercising treaty rights.

Looming Brexit is another issue.

Javaidsac · Post by **Javaidsac** » Fri Nov 22, 2019 10:49 am

Thank you for your quick reply.

So extended family member is not an option i.e. siblings?

So showing employment or self-employed and everything for like 6 months would do?

Brexit. That is right. That is why I have hurry up and move to the EU if I want to sponsor, well If I can.

Thank you

CR001 · Post by **CR001** » Fri Nov 22, 2019 11:11 am

Javaidsac wrote: ↑
Fri Nov 22, 2019 10:49 am
Thank you for your quick reply.

So extended family member is not an option i.e. siblings?

So showing employment or self-employed and everything for like 6 months would do?

Brexit. That is right. That is why I have hurry up and move to the EU if I want to sponsor, well If I can.

Thank you

To use the Surinder Singh route back to the UK, excludes extended family members.

https://www.gov.uk/family-permit/surinder-singh

Surinder Singh
You might be able to apply for an EEA family permit if you’ve lived in another EEA country with an eligible family member who’s a British citizen. This is known as making a ‘Surinder Singh’ application.

Your British family member must be one of the following:

your spouse (husband or wife) or civil partner
your parent or grandparent (or their spouse or civil partner) - you must also be under 21 years old or dependent on them
your child or grandchild (or their spouse or civil partner) - you must be dependent on them
This includes family members who were adopted under an adoption order that’s recognised in UK law.

Obie · Post by **Obie** » Fri Nov 22, 2019 11:25 am

Extended family member may also qualify if the conditions in Regulation 9 are met.

Khansaid · Post by **Khansaid** » Tue Dec 10, 2019 12:27 am

Obie wrote: ↑
Fri Nov 22, 2019 11:25 am
Extended family member may also qualify if the conditions in Regulation 9 are met.

Hi
I am a British citizen living and working since 2017. My family movedhere to from a non EU country as an eu citizens family. Just wanted to ask whether my family need a visa to move to UK or they can travel with me and apply for a residence card using surrender singh route. Could you explain it will be really appreciated.
Regards

secret.simon · Post by **secret.simon** » Tue Dec 10, 2019 3:29 am

Khansaid wrote: ↑
Tue Dec 10, 2019 12:27 am
My family movedhere

Where is "here"? Who are the members of your family that are resident with you as family members of an EEA citizen? How long have they lived "here"?

djweeble · Post by **djweeble** » Thu Dec 12, 2019 7:44 am

CR001 wrote: ↑
Fri Nov 22, 2019 10:45 am
You also have to move your centre of life to the EU state for usually 6 months or more and prove you are exercising treaty rights.

According to Directive 2004/38 that is not true.
There is no requirement to move your "centre of life", and this has recently been overturned under appeal.

" In the recent case of ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan [2019] UKUT 281 (IAC), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the “Regulations”). It further found that it is not to be applied when Judges assess Surinder Singh cases that appear before them"

Khansaid · Post by **Khansaid** » Sun Feb 02, 2020 11:25 am

secret.simon wrote: ↑
Tue Dec 10, 2019 3:29 am

Khansaid wrote: ↑
Tue Dec 10, 2019 12:27 am
My family movedhere
Where is "here"? Who are the members of your family that are resident with you as family members of an EEA citizen? How long have they lived "here"?

Hi secret.Simon

Thanks for the reply.
Family moved to Ireland rep. And they are immediate family members i.é. spouse and kids.
Are there going to be any changes post Brixit or the rules going to be the same till end of 2020?

Regards

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