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EEA4 Quick Question

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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ruthie
Junior Member
Posts: 96
Joined: Fri Apr 14, 2006 3:18 am

EEA4 Quick Question

Post by ruthie » Fri Jul 22, 2011 4:04 pm

Hi all,

It's a quick question, but I can't manage to find the answer here. If dependent family member join me on EEA2 in UK, when applying for EEA4 after 5 years, do they still need to be financially dependent on me to qualify? What if I go to take a 5 year course and they live on their own income in UK?

Thanks.

andrej
Member
Posts: 131
Joined: Wed May 11, 2011 6:57 pm
Location: uk

Re: EEA4 Quick Question

Post by andrej » Sat Jul 23, 2011 10:17 am

ruthie wrote:Hi all,

It's a quick question, but I can't manage to find the answer here. If dependent family member join me on EEA2 in UK, when applying for EEA4 after 5 years, do they still need to be financially dependent on me to qualify? What if I go to take a 5 year course and they live on their own income in UK?

Thanks.
I might be wrong but I believe THEY have to be dependent on you (if you are EU/EEA3) and if you are studying you need to prove private sickness insuriance as well to qualify for PR both for you and your dependant(EEA4).

If I am wrong, someone please correct me.

nonspecifics
Member of Standing
Posts: 372
Joined: Mon Jun 27, 2011 3:08 pm

Good Question

Post by nonspecifics » Wed Jul 27, 2011 11:13 pm

I asked a similar question to the Your Europe advice team.

Their answer seems to say : NO, they don't have to prove dependency. (But the answer is not so simple if you are a student. See below.)

But I am not 100% certain, so if someone can shed more light on the subject?

"Essentially, once you, as the non-EU family member, have legally resided with the EU family member in the host State for the five years, you are entitled to permanent residence in the host State.

You can obtain further information on the application of Directive 2004/38/EC on the following website:

http://ec.europa.eu/home-affairs/faq/fr ... _ec_en.pdf "


Read the EEA4 form. It seems to focus on the EEA's proof of exercising Treaty Rights for the five years and proof of residence for five years by the EEA and the non-EEA.

As pointed out, a student is basically meant to be self-sufficient, so to be exercising Treaty Rights the EEA national requires sufficient resources and Comp. Sickness Insurance for yourself and family members.


In contrast the EEA2 residence card guidelines and EEA2 form seems to strongly emphasise the need to prove dependence.

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