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Eea residency card for extended family members.
Posted: Thu Dec 24, 2015 4:58 pm
by Khadija35
Hello everyone.
In the beginning on Nov 2015 my husband (eea national) applied for the residency card for his mum and brother(non eu nationals)
They are both dependant and my husband has proof for that.
On 17th Nov 2015 they received the biometrics letter. They can't receive the right to work letter until the decision is made. After that letter no other letter has been received.
Is there anyone with the same situation? Do u know if the decisions for extended family members takes more time to be processed? Is going to be 6 months or less?
Thank you
Re: Eea residency card for extended family members.
Posted: Thu Dec 24, 2015 5:13 pm
by Obie
It takes 6 months maximum for that application.
Mother ought to have received a COA confirming her right to employment. Provided of course she is dependent.
The brothers COA is fine .
Re: Eea residency card for extended family members.
Posted: Thu Dec 24, 2015 5:31 pm
by Khadija35
Thank you for the reply. Together with the biometrics letter actually there is only the COA for the brother but not for the mother. Does it mean she should receive the COA with right to work? And do you know how long after the fingerprints are submitted, the letter is received? They did the fingerprints on 26th November. But up to date no news. Is that normal?
Thank you
Re: Eea residency card for extended family members.
Posted: Thu Dec 24, 2015 5:43 pm
by Casa
Am I missing something here? If the mother and brother need to work, how would they be considered wholly (financially) dependent on your husband?
Re: Eea residency card for extended family members.
Posted: Thu Dec 24, 2015 5:52 pm
by Khadija35
They don't need to work. My question is regarding timings about receiving confirmation of application.because for the brother we received it with the fingerprints letter but for the mother no. So I suppose when they will send it it will be with the right to work. I just don't know how it works. And I would like only to know if somebody here has applied for their extended family and how long did it take to receive a decision from the home office.
Re: Eea residency card for extended family members.
Posted: Thu Dec 24, 2015 6:07 pm
by Obie
Casa wrote:Am I missing something here? If the mother and brother need to work, how would they be considered wholly (financially) dependent on your husband?
1.Well, wholly financial is not the test in EU law, it may be in immigration rules test, but not EU law test.
2. EU law provides the right to a person with right of residence to work, and if the fact that they work impeded their right of residence, then they will be precluded from taking advantage to a right to which they are entitled.
3. Last but not the least, because a person works, does not mean they do not need support to meet their essential needs, or it does not mean they don't live in the same household as an EU national.