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EEA national wants to bring her Aunt.

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LEo2009
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EEA national wants to bring her Aunt.

Post by LEo2009 » Tue Jan 18, 2011 10:55 pm

Hello everyone.

My 1st cousin who is German National & just came to UK & she is doctor & just started her job in NHS. She wants to keep her real aunt in UK on dependent visa while using EEA route as she is German National & doctor. Is there any way so she can keep her here using EEA route. Her aunt is a non EEA national but has already been studying here in UK for last 4 years as she is on student visa. She is actually her father's younger sister.

Is there any way so that she may become dependent on her visa. If there is any, would anyone like to help me & tell what kind of documents do she need to submit her file in UKBA. I would really appreciate & thankful. Any suggestion would highly be appreciated.

LEo2009
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Re: EEA national wants to bring her Aunt.

Post by LEo2009 » Wed Jan 19, 2011 11:30 am

LEo2009 wrote:Hello everyone.

My 1st cousin who is German National & just came to UK & she is doctor & just started her job in NHS. She wants to keep her real aunt in UK on dependent visa while using EEA route as she is German National & doctor. Is there any way so she can keep her here using EEA route. Her aunt is a non EEA national but has already been studying here in UK for last 4 years as she is on student visa. She is actually her father's younger sister.

Is there any way so that she may become dependent on her visa. If there is any, would anyone like to help me & tell what kind of documents do she need to submit her file in UKBA. I would really appreciate & thankful. Any suggestion would highly be appreciated.
Any piece of advice please would be highly appreciated. Thanks guys.

86ti
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Post by 86ti » Wed Jan 19, 2011 1:27 pm

Chapter 5 in the ECIS, in particular 'extended family members' and 'dependency'.

LEo2009
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Post by LEo2009 » Thu Jan 20, 2011 12:19 pm

86ti wrote:Chapter 5 in the ECIS, in particular 'extended family members' and 'dependency'.

Thanks 86i but to be very honest I couldn't understand properly if you or anyone else tell me what documents should we need for her to apply residence card or anything else, it would be a massive big favour. I am really very sorry but I could get everything properly in that link. Once again I request for big help & favour as anyone can tell me what specific documents should we need.

Any help would be highly appreciated.

86ti
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Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Thu Jan 20, 2011 1:26 pm

The conditions that the ECIS highlight for your case are as follows.

[quote="ECIS, Chapter 5"]1) in terms of dependency, the evidence must show financial rather than merely emotional or other dependency on the EEA national. It must also show that, having regard to the applicant’s financial and social conditions, he is not in a position to support himself without such support;

2) the relevant EEA national and extended family member must have established the dependency/household relationship in the country from which the EEA national moved to the UK. This is consistent with the wording of Article 3(2) of the Directive, which states that the person must be a dependant or member of the household of the EEA national “in the country from which they have comeâ€

LEo2009
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Post by LEo2009 » Thu Jan 20, 2011 1:50 pm

[quote="86ti"]The conditions that the ECIS highlight for your case are as follows.

[quote="ECIS, Chapter 5"]1) in terms of dependency, the evidence must show financial rather than merely emotional or other dependency on the EEA national. It must also show that, having regard to the applicant’s financial and social conditions, he is not in a position to support himself without such support;

2) the relevant EEA national and extended family member must have established the dependency/household relationship in the country from which the EEA national moved to the UK. This is consistent with the wording of Article 3(2) of the Directive, which states that the person must be a dependant or member of the household of the EEA national “in the country from which they have comeâ€

86ti
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Post by 86ti » Thu Jan 20, 2011 2:06 pm

Although the British government/HO could change the rules (to the advantage of 'extended family members') I strongly doubt that this is going to happen. The aunt seems not be able to derive rights from the EEA regulations. She would therefore have to find a suitable immigration category in her own right. At the moment this is obviously a stay as student. In future there may be the possibility to make use of one of the Tier categories. Little do I know about that but there are other subfora for that purpose here.

LEo2009
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Post by LEo2009 » Thu Jan 20, 2011 7:11 pm

86ti wrote:Although the British government/HO could change the rules (to the advantage of 'extended family members') I strongly doubt that this is going to happen. The aunt seems not be able to derive rights from the EEA regulations. She would therefore have to find a suitable immigration category in her own right. At the moment this is obviously a stay as student. In future there may be the possibility to make use of one of the Tier categories. Little do I know about that but there are other subfora for that purpose here.
Thanks 86i now it is quite clear that she cannot get residence card or anything although she has her niece who is German National. But one more thing I want to ask which sub forum U are talking about.

Thanks for your time.

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