Immigrationboards.com

I am slightly confused regarding the eligibility requirements for applying for an EEA family permit.

My brother is an EEA national currently residing in the UK. The Home Office guidance states that "You must be able to show that you’re dependent on the EEA citizen or are a member of their household, or have a serious health condition and rely on them to care for you".

The us of the word "or" to me implies that I only have to meet 1 of the requirements. I've read the threads here any many of the posts imply that I have to be dependent on an EEA national, in this case my brother. However, I am not dependent on him financially, health, etc. I am however, a member of their household (we lived under the same household with our parents).

Would really appreciate it if I could get a bit of clarity/your thoughts on this!

Thank youuuuuuuuuuuuuuu

I think that "a member of their household" would be taken to mean a household that they were responsible for.

In this case, both your brother and you lived in your parents household. Therefore both of you were members of your parents household, not your brother's.

It is only those extended family members of an EEA national who were a dependent or member of the Household of the Union Citizen in the country from which the Extended family member came from before arriving in the UK, and who continue to be a dependent or member of the Household of the union citizen in the UK, that will qualify under that provision.

Obie wrote: ↑

Sat Jul 27, 2019 4:02 pm

It is only those extended family members of an EEA national who were a dependent or member of the Household of the Union Citizen in the country from which the Extended family member came from before arriving in the UK, and who continue to be a dependent or member of the Household of the union citizen in the UK, that will qualify under that provision.

Hi Obie -if I understand you correctly, for me to qualify for the EEA family permit, I would only qualify if I was part of my brother's household in my country of origin. As I am Canadian, in this case I would have to show that I was part of my brother's household in Canada. So say if we resided in another country, just us 2, I would not qualify because it is not my home country?

secret.simon wrote: ↑

Sat Jul 27, 2019 4:01 pm

I think that "a member of their household" would be taken to mean a household that they were responsible for.

In this case, both your brother and you lived in your parents household. Therefore both of you were members of your parents household, not your brother's.

@secret.simon I guess that makes sense! Thanks

Just to check, he is an EU (non British) citizen??

CR001 wrote: ↑

Sat Jul 27, 2019 4:30 pm

Just to check, he is an EU (non British) citizen??

@CR001 Yes, he holds an Irish passport.

A British citizen can succeed subject to regulations 9 or 9A. Therefore a British citizen may not be necessarily excluded.

Obie wrote: ↑

Sat Jul 27, 2019 4:59 pm

A British citizen can succeed subject to regulations 9 or 9A. Therefore a British citizen may not be necessarily excluded.

Hi Obie -I am not sure what you are referring to? Neither myself or my brother is a British citizen.

CR001 wrote: ↑

Sat Jul 27, 2019 4:30 pm

Just to check, he is an EU (non British) citizen??

Obie wrote: ↑

Sat Jul 27, 2019 4:59 pm

A British citizen can succeed subject to regulations 9 or 9A. Therefore a British citizen may not be necessarily excluded.

I think that Obie's post was a response to CR001's earlier post.

CCME_01 wrote: ↑

Sat Jul 27, 2019 4:25 pm

for me to qualify for the EEA family permit, I would only qualify if I was part of my brother's household in my country of origin.

That is not what Obie said (or not what I understand him to have said).

Obie wrote: ↑

Sat Jul 27, 2019 4:02 pm

It is only those extended family members of an EEA national who were a dependent or member of the Household of the Union Citizen in the country from which the Extended family member came from before arriving in the UK, and who continue to be a dependent or member of the Household of the union citizen in the UK, that will qualify under that provision.

The test for the membership of the household is whether you resided with the EEA citizen immediatly prior to the EEA citizen's moving to the UK as a member of his household.

So, immediatly prior to the UK, where did your brother reside? Did you reside with him in that country?

The basis of the freedom of movement for non-EEA citizens is that it will impede the EEA citizen from exercising freedom of movement if their non-EEA family members and members of his household were so impeded. So, you need to approach the question in that manner; has the fact that you could not join your brother in the UK impeded your Irish brother from exercising his freedom of movement?

I believe that Secret Simon has properly articulated my views. I need not add anythng to what he wrote.

secret.simon wrote: ↑

Sat Jul 27, 2019 5:35 pm

The basis of the freedom of movement for non-EEA citizens is that it will impede the EEA citizen from exercising freedom of movement if their non-EEA family members and members of his household were so impeded. So, you need to approach the question in that manner; has the fact that you could not join your brother in the UK impeded your Irish brother from exercising his freedom of movement?

Those considerations are indeed relevant to the question of whether the discretion Conferred by regulation 18(4)should be exercised in the extended family member's favour, it has no relevance to the question of whether the Extended family does hold such status.

Hi Seniors,

Probably this case might be relevant to anyone applying for the extended family member visa.

https://tribunalsdecisions.service.gov. ... 12-ukut-79

Hello,

I used this references already and had given my immigration history already.

Here is link

eea-route-applications/successful-eu-se ... 85030.html

Thanks