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Re: Non-EEA spouse of EU on 5-yr WP - can I apply through EE

Posted: Tue Sep 20, 2011 10:07 am
by nakor
[Hi everyone, trying to figure out what to do to bring my family to the uk.
1. I am a EEA national and just moved to the uk some few weeks ago with a Danish benefit since I just graduated from school.
2. My wife is in Ghana and we have a child together who is carrying a Danish passport.
3. My wife has a son at age 7, who holds a Ghanaian passport and a niece @ 17who is also holding a Ghanaian passport.
4. Currently im looking for a job here but have sufficient funds and apartment to support them.
My worry though is do I need to adopt my niece and my wife's son before applying for a settlement visa for them or just go ahead and apply as dependants?
Thanks in anticipation!
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Re: Non-EEA spouse of EU on 5-yr WP - can I apply through EE

Posted: Tue Sep 20, 2011 10:13 am
by 86ti
Your wife's son is a direct family member. Your niece could qualify as an extended family member if she dependant on you or was a family member of the EEA national in the country you lived before.

Re: Non-EEA spouse of EU on 5-yr WP - can I apply through EE

Posted: Tue Sep 20, 2011 10:35 am
by nakor
86ti wrote:Your wife's son is a direct family member. Your niece could qualify as an extended family member if she dependant on you or was a family member of the EEA national in the country you lived before.
Thank you very much. Does it then mean that, I can just go ahead and apply for my wife and son, and then work on the niece at a later time?
Because adoption can take eternity to come through in Ghana.
Please help I need to take a decision fast.

Posted: Tue Sep 20, 2011 10:45 am
by 86ti
For a successful application you will need to be a qualified person. A job seeker is a qualified person provided he/she is actively looking for work and can also show that. This status can be kept for six months and only longer if the applicant can show that he/she has a genuine chance of being employed (in practice that may be difficult). You are under no obligation to apply for any residence document, neither for you or your family (although for non EEA nationals it may be a very good idea). If you can satisfy those requirements (including necessary documentation) there should be no problem applying for wife and son.

Have a look into 5.1.2 and 5.1.3 of the ECIs and see if your niece could qualify. I do not know anything about adoptions.