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EU settlement for family member of EU citizen not living in the UK
Posted: Wed Sep 30, 2020 9:07 am
by Goldengift1
Hi everyone, I'm new here. I have been following this trend and I find it quite helpful. However I will like to ask some questions pls...
I'm currently on tier 4 visa, a non EEA close family member of a Swiss citizen (my dad) but he only do come to UK to visit his family members and not live here permanently but Switzerland. I just want to ask if its possible for him to apply for me, or how possible is my eligibility?
Although, I'm over 21 and will be a mum in few weeks but I still depend on him in one way as he do send me money often to cover my school fees and is evident in my bank statement.
I look forward to your candid response.
Thanks
Re: EU settlement for family member of EU citizen not living in the UK
Posted: Wed Sep 30, 2020 9:35 am
by Zerubbabel
Hello
An EEA citizen cannot sponsor you in a country where he doesn't live.
He needs to live in the UK to sponsor you.
It's the same for any country really. EEA nationals don't have the right to send their family members to other countries and sponsor them to live there.
Re: EU settlement for family member of EU citizen not living in the UK
Posted: Wed Sep 30, 2020 11:01 am
by CR001
Please do NOT tag your specific question onto the other general topic you have previously tagged onto. Your post was split to its own topic, this one!
Re: EU settlement for family member of EU citizen not living in the UK
Posted: Wed Sep 30, 2020 11:56 am
by secret.simon
Your Swiss citizen father can only sponsor you if her were to
reside in
an EEA member-state of which he is not a citizen. So he can't sponsor you in the UK (because he does not
reside here) or (under EU law) in Switzerland (because he is a citizen there). He could of course sponsor you under Swiss law itself.
Re: EU settlement for family member of EU citizen not living in the UK
Posted: Wed Sep 30, 2020 12:42 pm
by Zerubbabel
In Switzerland he is not an EEA national but seen as a Swiss citizen. Swiss law doesn't allow to sponsor your children who are over 18 years old and doesn't offer any venue to sponsor adult relatives.
But your father can move to any EU country and sponsor you there. But it means for him leaving Switzerland.
As you are pregnant, I guess you are worrying about you ability to attend the courses then losing your Tier 4 status in the UK?
Re: EU settlement for family member of EU citizen not living in the UK
Posted: Wed Sep 30, 2020 12:56 pm
by secret.simon
Zerubbabel wrote: ↑Wed Sep 30, 2020 12:42 pm
Swiss law doesn't allow to sponsor your children who are over 18 years old and doesn't offer any venue to sponsor adult relatives.
Ahh, like UK law then.
Where in Switzerland does your father live? If he lives near the border with an EU country, like France or Germany, he could move across the border (living in the EU), while continuing to work in Switzerland if he wants to. He would then become a frontier worker and may be able to sponsor you to that EU country (not the UK though).
Re: EU settlement for family member of EU citizen not living in the UK
Posted: Wed Sep 30, 2020 1:32 pm
by Zerubbabel
Yes, when it comes to immigration, Swiss law is much harder than UK one. Many routes that exist in the UK are not even in their legislation or they do exist on the paper but they are impossible in practice.
He would then become a frontier worker and may be able to sponsor you to that EU country (not the UK though).
I have friends who live in France at 3 miles from the Swiss border then they commute every day. There are strict laws in place for that in order to avoid double taxation, social charges and things of this nature. But it's doable.
However, it's not possible to pretend living in France. The person has to genuinely live there as the Swiss and French authorities require a lot of documents to accept the applicant as frontier worker.