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Hi all. Here's my situation:

- British citizen married to Cambodian citizen
- Been living in Malta 4 years
- Applying for EEA Family Permit for my wife under Surinder Singh

I noticed that there seem to be some provisions for dependent family members that we may be able to take advantage of. Situation on that front:

- Both of my wife's parents are in their 40s, and there is one sibling aged 15 who would also need to come
- Her parents rely on us for monthly rent payments covering the family accommodation
- We also pay school fees for the sibling
- The payments are sent via Revolut but the account is not in their name

My questions:

1. Is this a situation which can enable us to bring my wife's sibling and parents to the UK under EEA rules?
2. Is it something I would need to do sooner rather than later?
3. If I don't mention them as dependents on my wife's EEAFP application, will this disqualify them from being treated as such if we choose to apply later?

Thanks in advance!

beeandalex wrote: ↑

Mon Jan 27, 2020 12:08 am

Hi all. Here's my situation:

- British citizen married to Cambodian citizen
- Been living in Malta 4 years
- Applying for EEA Family Permit for my wife under Surinder Singh

I noticed that there seem to be some provisions for dependent family members that we may be able to take advantage of. Situation on that front:

- Both of my wife's parents are in their 40s, and there is one sibling aged 15 who would also need to come
- Her parents rely on us for monthly rent payments covering the family accommodation
- We also pay school fees for the sibling
- The payments are sent via Revolut but the account is not in their name

My questions:

1. Is this a situation which can enable us to bring my wife's sibling and parents to the UK under EEA rules?
2. Is it something I would need to do sooner rather than later?
3. If I don't mention them as dependents on my wife's EEAFP application, will this disqualify them from being treated as such if we choose to apply later?

Thanks in advance!

Surinder Singh only works for family members that have lived in the EU host country with the British national.

So, your in-laws and your brother-in-law would have to first move to Malta and establish residence there under EU law, 'strengthen family bonds' and generally spend some time living there with you before you move back to the UK.

It doesn't sound like you'd have time for this but you can always try.

Not sure how strict Malta is regarding evidence of dependency, especially for the brother.

Hello

As a British Citizen living in the UK, you cannot in principle invoke EEA immigration routes for your relatives. There are a few exceptions due to specific ECJ rulings such as Surinder Singh.

Surinder Singh allows you to come back to the UK from EEA and bring with you the non-EEA people who were part of your household there. Typically, they would have lived with you in EEA and would hold Article 10 cards there. So that route applies to your wife but cannot be extended to other family members who didn't live with you in Malta under EEA regulations.

But even if you were EEA, it doesn't mean you are automatically entitled under EEA routes to bring one or multiple families to the UK. Extended Family applications have always been difficult with a high risk of refusal. A strong application for a single person in peculiar circumstances might work, but for an entire household of extended family members, it seems a bit far fetched.

You have also to consider the meaning for "dependency" between Cambodia and the UK. If you are currently sending £200/month to support them, in the UK it means £2000 or £3000/month to sustain 2 x 40 years old + 1 x 15 years old. I don't know a lot of people with such disposable income.

Zerubbabel wrote: ↑

Mon Jan 27, 2020 2:20 pm

Hello

....
You have also to consider the meaning for "dependency" between Cambodia and the UK. If you are currently sending £200/month to support them, in the UK it means £2000 or £3000/month to sustain 2 x 40 years old + 1 x 15 years old. I don't know a lot of people with such disposable income.

What test is that?,

The EU law test is whether the support you provide is required to meet essential needs.

Thanks everyone, I appreciate the help. Looks like a no-go for now though.

Our situation:
- UK citizen (me) and Cambodian spouse living in UK after returning to UK under Surinder Singh.
- Awaiting Pre-Settled Status for 6 months.
- Lived in Malta 4 years before returning.

The intention:
- Spouse has a 16-year old brother and we would like him to join us in UK.
- We have been paying his school fees and the rent for his family home for a number of years, using a Revolut account in my wife's name.

The questions:
- Are there any routes available to us which would achieve this aim, EEA or otherwise?
- If we were to return to Malta (our host state), or another EU country (i.e. Spain), would that help?

Thank you in advance.

Forgot to ask, would there be any benefits in us going back to Malta to get permanent residence there?

No harm to explore the EEA FM but you are running out of time.you should have explored that route while living in Malta.
You can also check if you can still explore the route in Malta

beeandalex wrote: ↑

Mon Oct 26, 2020 5:23 am

The questions:
- Are there any routes available to us which would achieve this aim, EEA or otherwise?

Nothing has changed from when you were asking in January, when you were still in Malta.
eea-route-applications/eea-family-permi ... l#p1872031

beeandalex wrote: ↑

Mon Oct 26, 2020 5:23 am

- If we were to return to Malta (our host state), or another EU country (i.e. Spain), would that help?

What about the pre-settled status your wife is now waiting for under the Surinder Singh route?

Posts merged.

JB007 wrote: ↑

Mon Oct 26, 2020 9:13 am

beeandalex wrote: ↑

Mon Oct 26, 2020 5:23 am

The questions:
- Are there any routes available to us which would achieve this aim, EEA or otherwise?

Nothing has changed from when you were asking in January, when you were still in Malta.
eea-route-applications/eea-family-permi ... l#p1872031

beeandalex wrote: ↑

Mon Oct 26, 2020 5:23 am

- If we were to return to Malta (our host state), or another EU country (i.e. Spain), would that help?

What about the pre-settled status your wife is now waiting for under the Surinder Singh route?

Previous post was locked and I'm now only asking about her brother

Since time is running out for EEA routes, are there any UK visa routes available for this sort of thing?