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ILR for EU EXtended Family Members
Posted: Mon May 06, 2019 8:56 pm
by 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
Re: ILR for EU EXtended Family Members
Posted: Tue May 07, 2019 1:37 am
by 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).
Re: ILR for EU EXtended Family Members
Posted: Thu May 09, 2019 7:00 am
by 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
Re: ILR for EU EXtended Family Members
Posted: Sat May 11, 2019 9:37 pm
by Raja2018
Hey moderators, can anybody please answer my question. Thanks
Re: ILR for EU EXtended Family Members
Posted: Sun Jun 23, 2019 10:37 pm
by 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]