Extended family EEA permit

[adamkhan90]

I am non Eu national living in uk and i am currently on tier 2 visa and earn enough to support myself, until recently this year my expenses increased and i had to ask help from my uncle who is a EU national and since then till now he has been helping me financially. I am thinking of applying for an extended family dependent visa. What are the chances i will be given a Dependent visa?

[Obie]

You will not qualify as dependant, as you were not dependant on your uncle prior to your arrival in the UK .

[adamkhan90]

Thanks for your reply, but i have seeked legal advise and have been told that i do qualify as an extended family member, i can prove the requirements of my relationship with my uncle, i can prove the financial dependency as well. And having read the amended regulation 8 where it now doesnt require the non eea national to have lived with the eea national prior coming to the uk. To be honest its still confusing, as been given a green signal by many legal experts it still strucks in the head that are all the requirements being met.

[Obie]

Well I can only tell you what the law says.

Many expert can say anything they like.

I never said dependancy should take place in the same country in which your uncle resides. That has indeed been removed following Bigia.

All i say is, you need to provide evidence that your uncle provided your need prior to entry to the UK.

You cannot depend on dependency that only existed in the UK, there has to be pre-entry dependency.

That is the law.

If an adviser has a different view, that is his or her views and not the law.

I can only state the law.

[adamkhan90]

Does this dependency have to be continous, i mean prior plus current, what if there is a gap for instance my uncle providing financial help until i arrived in the uk and now after a period he is financially supporting me again.

[Obie]

Not necessarily. I am sure the legal adviser would have dealt with that.