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eea family permit- dependency

Posted: Tue Mar 01, 2016 2:50 pm
by gold2real
Hello guys, i need your help.. I intend to bring my brother to the UK as an extended family member. I am a non- eu national married to an European national and we both live in the UK. I pay my brothers's school fees and i send him money on a regular basis and i have proof for his financial dependence on me.. will he qualify as being my dependant or will he qualify as being a dependant to my eu national wife? please ur advise would be much appreciated.

Re: eea family permit- dependency

Posted: Tue Mar 01, 2016 3:04 pm
by noajthan
gold2real wrote:Hello guys, i need your help.. I intend to bring my brother to the UK as an extended family member. I am a non- eu national married to an European national and we both live in the UK. I pay my brothers's school fees and i send him money on a regular basis and i have proof for his financial dependence on me.. will he qualify as being my dependant or will he qualify as being a dependant to my eu national wife? please ur advise would be much appreciated.
You are talking about EU migration route.

Your brother is not your dependent as you are a family member with an EEA sponsor.

Your brother is potentially your EEA sponsor's dependent if your EEA spouse is exercising treaty rights in UK.

You can get up to speed on these matters here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Re: eea family permit- dependency

Posted: Tue Mar 01, 2016 3:07 pm
by Wanderer
noajthan wrote:
gold2real wrote:Hello guys, i need your help.. I intend to bring my brother to the UK as an extended family member. I am a non- eu national married to an European national and we both live in the UK. I pay my brothers's school fees and i send him money on a regular basis and i have proof for his financial dependence on me.. will he qualify as being my dependant or will he qualify as being a dependant to my eu national wife? please ur advise would be much appreciated.
You are talking about EU migration route.

Your brother is not your dependent as you are a family member with an EEA sponsor.

Your brother is potentially your EEA sponsor's dependent if your EEA spouse is exercising treaty rights in UK.

You can get up to speed on these matters here:
https://www.gov.uk/government/uploads/s ... _clean.pdf
From OP's previous posts he also has a dependant mother and two brothers waiting in the queue too......

Re: eea family permit- dependency

Posted: Tue Mar 01, 2016 4:58 pm
by noajthan
OP you have previously posted about bringing mother to UK on a FP;
&/or 3 younger brothers;
&/or 2 brothers
- all from Nigeria.

You have sometimes mentioned you are an EU national.
Now you say you are non-EU.

Noone can really help advise you if we don't have an accurate picture of your case.

Only an EEA national can sponsor anyone.

For extended family members (brothers/sisters - in law) recent prior dependency &/or membership of EEA national's household needs to be shown in a previous country.

For example, has the EEA national in question been the head of a household (in Nigeria?) where all these people live?

Re: eea family permit- dependency

Posted: Tue Mar 01, 2016 5:22 pm
by gold2real
i am soory if i have previously mistakenly said i wqas an EU national.. I am certainly a non- eu national who is married to an eu national.. will my brothers be able to get eea family permit as extended family members to come to the uk?

Re: eea family permit- dependency

Posted: Tue Mar 01, 2016 6:22 pm
by noajthan
gold2real wrote:i am soory if i have previously mistakenly said i wqas an EU national.. I am certainly a non- eu national who is married to an eu national.. will my brothers be able to get eea family permit as extended family members to come to the uk?
Possibly, but not guaranteed.

For extended family members (brothers - in law of your wife) recent prior dependency &/or membership of the EEA sponsor's household needs to be shown in a previous country.

For example, has the EEA national (your wife) been the head of a household (in Nigeria?) where your siblings are?

A caseworker will need to be convinced because ...
Where the extended family member did not reside in the same country as the EEA national before the EEA national came to the UK, and where the EEA national provided financial support only to the extended family member, it is unlikely that the extended family member would be able to demonstrate that refusing to issue them with an EEA family permit would prevent the EEA national from exercising their Treaty rights in the UK.

This is because the EEA national could continue to provide financial support to the applicant from the UK
Ref: https://www.gov.uk/government/publicati ... ly-members