Extended family permit for brother-in-law

Hello guys!

I'm asking this again in this new post as I would need to be sure before applying.

I am a EEA citizen (Spain) married with an Non-EEA citizen (Albanian), we both have Limited Leave to Remain for 5 years after having applied for EEA family permit for my husband. We both are working and living in London.

We thought to make my brother-in-law to come here to try luck in the UK. The point came when reading the legislation, one part says that family of EEA national's partner could not come here by EEA family permit from February 2017, being just possible applying for my family members (quite stupid as they are Spanish and they do not need to apply for FP). The other part is the Regulation 8, in the first paragraph, saying that the extended family member is a family member of the EEA national's partner. This thing seems more logical to me.

For that reason, in order to be sure for making the application for my brother-in-law, I would appreciate a lot if you could tell me if the current law for immigration allows EEA national's partner family to apply for the EEA FP. I do not want to waste my time nor his by applying if it is not possible.

Thank you so much!

Hello

For Extended Family Members under EEA routes, things changed in 2017.

Before, it was either the extended family of the EEA national or the extended family of his partner.

Now, only the extended family of the EEA national is eligible.

The concept is not 100% stupid. Imagine if you were from Mexico and naturalized Spanish. So you will be EEA national but your family is not.

But even if he was from your side of the family, it would've been very difficult to bring him on EFM. Many people were declined under this route for various reasons.

However, when it comes to immigration matters, never close any door without trying. Fill the EEA EFM form, provide proof of dependency and send it. Nothing to lose and sometimes it works.

@Zerubbabel

Very True

Never say never. Try at least. No harm in applying.