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Hi all,

Recently I have been successful in getting my PR after having had retained the right of residence after divorce. In June, I will be entitled to apply for naturalisation.

My 19 years old dependant sister, is living in my house and I fully pay for her studies, food, accommodation (everything). She is studying in the UK on student VISA, hence I was wondering if I could apply so she could be a dependent.

Please note that I am not linked to ex EU spouse as we divorced however I understand that I have the same right as if I were a EU resident.

The UK law path is so complicated and after a lot of research it looks or seems to be impossible.

Under EU law looks like there are other options, especially when reading the caseworker instructions under chapter 2. paragraph 2.4 says that we can apply if:

An applicant may be considered under regulation 8 of the 2006 Regulations if s/he falls within any of the following conditions (see overleaf):
•Was living as part of the EEA national’s household in an EEA state before the EEA national came to the United Kingdom¹; or

•Is living as part of the EEA national’s household in the United Kingdom

I will really appreciate if someone could confirm?

Thanks in advance

M

I don't think u can pass on ur derived EEA rights I'm afraid, but wait for others

Morpheo wrote:Recently I have been successful in getting my PR after having had retained the right of residence after divorce. In June, I will be entitled to apply for naturalisation.

That means you are settled, and you may be able to get a visa for relatives under UK immigration law. I think the European law does not allow you to do that - although I am not sure that extends to PR.

Thanks for the reply, the law seems a bit vague and I don't know which immigration law applies to me now?

I would like to add that I am getting married in June to a Belgian citizen. And we are all planning to live together in the same house. would this help can I still use the EU law instead of the UK law in order to get family permit to my sister?


Thanks

Morpheo wrote:Thanks for the reply, the law seems a bit vague and I don't know which immigration law applies to me now?

The Immigration Rules apply. You are a person present and settled in the UK. You are not an EEA national for the purpose of the EEA regulations.

Morpheo wrote:I would like to add that I am getting married in June to a Belgian citizen. And we are all planning to live together in the same house. would this help can I still use the EU law instead of the UK law in order to get family permit to my sister?

No, because your sister was not a member of the Belgian citizen's household, nor was she dependent on the Belgian citizen, in the country from which she has come.

Ben wrote:

Morpheo wrote:I would like to add that I am getting married in June to a Belgian citizen. And we are all planning to live together in the same house. would this help can I still use the EU law instead of the UK law in order to get family permit to my sister?

No, because your sister was not a member of the Belgian citizen's household, nor was she dependent on the Belgian citizen, in the country from which she has come.

Ben, What about the the case worker instructions? Does it count for anything? Cos, it says under chapter 2. paragraph 2.4 and i quote: if:

An applicant may be considered under regulation 8 of the 2006 Regulations if s/he falls within any of the following conditions (see overleaf):
•Was living as part of the EEA national’s household in an EEA state before the EEA national came to the United Kingdom¹; or

•Is living as part of the EEA national’s household in the United Kingdom.


Is it kind of a discretion used by the case worker or what?

This is the Link: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks.