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What is the citizenship of your mother? You mentioned EU, but British or other than British?veefaulds wrote:I am currently on a student visa studying a degree recognized course.
However, i have been here since 2005 (on another visa) and was wondering if i am entitled to apply for IRL? My parents have moved over here and my Mum has EU Passport and my Dad has ILR.
I am 25yrs and currently live with them. I have heard that this might be possible?
Any help is greatly appreciated![/b]
On the face of it, no - but give is more info.......veefaulds wrote:I am currently on a student visa studying a degree recognized course.
However, i have been here since 2005 (on another visa) and was wondering if i am entitled to apply for IRL? My parents have moved over here and my Mum has EU Passport and my Dad has ILR.
I am 25yrs and currently live with them. I have heard that this might be possible?
Any help is greatly appreciated![/b]
Ok, in my opinion, you are not, in your present circumstances, a person who is eligible to benefit from the provisions of Directive 2004/38/EC.veefaulds wrote:yes, i lived under their roof before i came here. i came over first to travel and then decided to study. My country of citizenship is south africa and my mother is employed here full time.
Directive 2004/38/EC Article 6 wrote:Right of residence for up to three months
1. Union citizens shall have the right of residence on the territory of another Member State for a
period of up to three months without any conditions or any formalities other than the requirement to
hold a valid identity card or passport.
2. The provisions of paragraph 1 shall also apply to family members in possession of a valid
passport who are not nationals of a Member State, accompanying or joining the Union citizen.
It might be an idea to go on holiday with your mother, to Ireland (for example), then return with her. Upon your return to the UK, you will be returning in the company of the EU citizen, and a family member described in Article 3(2) of the Directive.Directive 2004/38/EC Article 3 wrote:2. 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;
Unless, does your mother have an address in Ireland? Family there? If you and her go to stay with them, and while there, you submit an EU1 application (Irish EEA2 equivalent) to the Irish Department of Justice, based on Surinder Singh conditions. About two weeks after submission, the DoJ would send you a Certificate of Application, which is, without doubt a document issued by the relevant authority in the country from which you are arriving from, certifying that you are a member of the household of the Union citizen. You mother would also need a document confirming her address there.Directive 2004/38/EC Article 10(2) wrote:(e) in cases falling under Article 3(2)(a), a document issued by the relevant authority in the
country of origin or country from which they are arriving certifying that they are dependants
or members of the household of the Union citizen, or proof of the existence of serious health
grounds which strictly require the personal care of the family member by the Union citizen;
But, and crucially to the OP, persons falling under the category of "members of the household of the Union citizen" are not required to be dependant.Frontier Mole wrote:The crux will be the dependent part.
<snip>
I don't know. Perhaps not many people fall into the category of member of the household? Perhaps some people wrongfully assumed that this category of family member required dependency?Frontier Mole wrote:If it works that easily why is the forum not littered with such cases?
Never seen it in court or heard of it from the customer facing side. Why would that be?
Frontier Mole wrote:I have read and re read the UK EEA regs and I can not see where the term household member gets a mention. So this is perhaps another one of those cases where the UKBA computer says "NO" but the EEA computer says "YES"
The UK Immigration (European Economic Area) Regulations 2006 wrote: 8.—(1) In these Regulations “extended family memberâ€
According to EU Directive 2004/38/EC, you would then qualify:veefaulds wrote:I'm leaving the country for a few weeks with my mother to SA - would this make a difference then on me having any right to be a dependent on her once again when we arrive back in the UK ?
However, the UK's implementation of the Directive requires that the country from which you have come, is an EEA State (so not South Africa):Directive 2004/38/EC Article 3 wrote:2. 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;
The UK Immigration (European Economic Area) Regulations 2006 wrote:8.—(1) In these Regulations “extended family memberâ€
Even though the judgement of the Metock case discounts the above, as I mentioned previously, you may find that your application is complicated further than if you were entering the UK as a member of the household of an EEA citizen in the country from which you have come, if that country was within the EEA.(a) the person is residing in an EEA State in which the EEA national also resides and is
dependent upon the EEA national or is a member of his household;
I was more referring to the above point, but you corrected yourself.veefaulds wrote:
I'm leaving the country for a few weeks with my mother to SA - would this make a difference then on me having any right to be a dependent on her once again when we arrive back in the UK ?
According to EU Directive 2004/38/EC, you would then qualify
Indeed!jei2 wrote:I was more referring to the above point, but you corrected yourself.veefaulds wrote:
I'm leaving the country for a few weeks with my mother to SA - would this make a difference then on me having any right to be a dependent on her once again when we arrive back in the UK ?
According to EU Directive 2004/38/EC, you would then qualify
Still, I'm certainly going to be taking a closer look at the EEA regs again. Who knows what loopholey gems have been missed? Now, don't spoil it for us, Frontier Mole!