ILR for EU EXtended Family Members

[Raja2018]

Hi Sir, I got a 5 year BRP as a EU extended family member, my question is, I was dependent on EU national brother and got the visa and work permission but If I work full time and do not stay dependent on my brother any more will it affect my case when I apply for ILR or trying to become independent will help me getting ILR.
Many thanks in advance

[Obie]

If an extended family member cease from being a dependent or member of the household of a union citizen, then they lose their right as family member under regulation 7(3) and hence cannot accrue rights for the purpose of regulation 15(1) (b).

[Raja2018]

Thank you obie, what I understand from your post is that a dependent EU extended family should be living under same roof or still be depedent on his sponsor to continue through his visa and to apply for ILR.
But I don't need both?

Can you please explain me how long can I stay out of UK accorging to current rule and how a year is counted, from the day of issuing of visa a year starts or like normally from 1st jan. Thank you

[Raja2018]

Hey moderators, can anybody please answer my question. Thanks

[Zerubbabel]

You want to use regulation 7(3) that states:

(3) A person (“B”) who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card must be treated as a family member of A, provided—

(a)B continues to satisfy the conditions in regulation 8(2), (3), (4) or (5); and
(b)the EEA family permit, registration certificate or residence card remains in force.

As described, you are trying to satisfy condition 8(2)(b)(ii):

has joined the EEA national in the United Kingdom and continues to be dependent upon the EEA national, or to be a member of the EEA national’s household.

So, it's a or. The way I read it is:

- Part of household, dependent --> OK
- Part of household, not dependent (has a job) --> OK
- Not part of household, dependent ---> OK (like having different address but receiving money and support)
- Not part of household, not dependent ---> Not OK [the entire universe is under this category]