Eu extended family member

[Morpheo]

Hi all,

The time has come for me to apply for a RC for my sister (19 years old student).

My sister has been living with me for the last 12 months and I have collected evidence from my elderly parents showing that both my parents and sister were fully dependant on me for the last 10 years (still dependant on me).

Also, without my support my sister will not afford to continue her education or support herself.

According to the case worker guidence and under european law: she is still considered a child (under 21) and dependency evidence is not necessary, she only needs to be living in the same household.

I would like to mention that I do hold a PR and earn a high income and I own our house. My wife (belgium) is a housewife (not working) and we both have private medical insurance which allow her to excercise the treaty right.

Could someone please let me know if I have a strong case to apply for my sister under regulation 8.

I will be submitting EEA2 form, our birth certificate and no eu passports, my wife eu ID, bank statements, pricate medical insurance, evidence from the country of origine showing full dependency for parents and sister. letter and receipts that I have paid her college courses fees.



Thanks in adavce

M

[86ti]

According to the case worker guidence and under european law: she is still considered a child (under 21) and dependency evidence is not necessary, she only needs to be living in the same household.

As you need to apply under regulation 8 ('extended family members') her age is not of relevance and is not the reason why she would not have to demonstrate dependency.

I would like to mention that I do hold a PR and earn a high income and I own our house. My wife (belgium) is a housewife (not working) and we both have private medical insurance which allow her to excercise the treaty right.

If you have PR why would you need private medical insurance except as a top-up?


Maybe you want to read through this thread. Different situation but some of the information there might be of help.

[avjones]

According to the case worker guidence and under european law: she is still considered a child (under 21) and dependency evidence is not necessary, she only needs to be living in the same household.

Thqat only applies to a child under 21 when it's your child, or your wife's. Not any child. Your sister will be an extended family member.

What nationality is she? How long has she been living with you, under what immigration status, and where was she living before that? With whom?

[Morpheo]

Thanks both,

I overlooked the fact that under 21 only applies to direct children.

My Sister has been living with me for last 14 months, she is currently on a student visa till September 2012. I have fully paid her studies fees and she fully dependent on me (accomodation, etc.) .

Prior to coming to the UK she lived with my parents who have been fully dependent on me for the last 10 years (no income except for mine).

should this suffice?

Thanks for the help

M

[sakura]

I read some of your old posts and it seems you obtained your EEA PR from marriage to your first wife, who was an EEA national.

How long have you and your current wife been married, and when did she move into the household? Was she already living in the UK or did she move to join you?

[Morpheo]

Hi Sakura,

Spot on and you are right indeed.

I was married to my first wife on 2004 and obtained the right of residence after divorce then my PR vignette was issued on Fev 2010 on my own grounds (normally aquired on the 5th anniversery of my previous marriage June 2009).

My current wife and I have been legally married on January 2010 and she has been part of the hosuehold at the same time.

I hope this clarifies and someone could help?

Thanks

M

[Morpheo]

Hi all,

Any thoughts please?

Thanks

[Morpheo]

Hi all,

First of all I would like to thank everyone for the dedication and help provided.

I am pleased to inform that today my sister was successful in getting her RC. we applied in February and we provided an extensive number of evidence showing dependency in the country of origin and in the UK, plus family relation and emotional link evidence ....

I would like to note that I provided affidavits from both my parents and myself testifying that she has been a dependent in our country of origin and without me she wouldn’t be able to maintain herself or continue her education

The application was accepted first time without any issues.

Thanks

M

[abulotus]

Hi Morpheo,

Congratulations.

I'm in similar situation more or less. What documents did you include exactly in your application to show "financial dependency" for your sister here and parents overseas? Your help is much appreciated.

[Morpheo]

Hi abulotus,

I wish you luck with your applications. Just make sure you read the guidelines for OFM.

I would like to note that I am a British Citizen, obtained on the basis of 1 year after obtaining my PR (check my other posts). I was entitled to keep my old nationality hence I used the EEA path because our chances were better than the UK law path.

Please note that all documents were translated via a certified agency.

I have had sent the following:

-My country of origin passport with the PR Visa.

- Evidence of exercising the treaty right: Letter of Employment + last 3 months payslips.

- Evidence that I do sent my sister monthly allowances via bank statement reflecting internet banking (1 year period).

- Evidence that my sister is part of my UK household (Mortgage statement)

- Evidence that I am sending monthly allowance to my parents who live in my country of origin.

- Affidavit (done in my country of origin) from my parents testifying that I am their sole income provider and that they are elderly and not working.

- Affidavit (done in my country of origin) from my parents testifying that my sister has been fully dependent on me for the last 10 years and without my support they won't be able to maintain her, she will be forced to cease her education.

- Our birth certificates reflecting our parents names

- My sister's bank statements reflecting my money transfer for the last 6 months.

- I also added, just in case, my private medical insurance certificate. I already had one through my work benefit scheme.

- A supporting letter from my sister explaining the situation and the emotional need to live with me and the consequences if rejected (ceasing her education.)

- A certificate showing that she won a prize for her first year excellent academic grades .

I haven't involved any lawyer and I honestly believe that the HO studied the cases on her own merits, but I felt that it was important to show that my sister was genuinely dependent and rejecting her was going to ruin her future and career prospects.

I am glad that the HO made the right decision on top of being swift and speedy. They decided the application in 3 months!

honestly, I cannot fault them.

Thank you all. I wish everyone success in their application and hope my input will help others.

Thanks

M

[Directive/2004/38/EC]

It is really awesome that you did this and carried it through. Your application sounds like it was very well laid out.

It looks like your claim of dependence was structured only around the period when she lived with you in the UK, is that correct?

Mind if I add it as an example at http://eumovement.wordpress.com/2008/04 ... ficiaries/ ?

[Morpheo]

Thank you Directive/2004/38/EC.

I honestly put a lot of careful thinking and mostly followed the guidelines and previous appeal examples.

I tried to fulfill all the 4 steps:

1- financial dependency in my country of origin for parents and sister (before coming to the UK). Evidence through affidavits and some bank statement reflecting money transfer to my parents.

2- Dependency in the UK - evidence of money transfers via bank statement (Internet banking)

3- Consequences if she is rejected (Ceasing her education)

4- Family back in country of origin not able to maintain and help my sister (Elderly parents)

Yes, go ahead an give this example as long as we remind anonymous

Thanks

M

[name.is.kami]

Hi Morpheo,
Have you been able to get the visa? Please update.
thanks

[CR001]

Hi Morpheo,
Have you been able to get the visa? Please update.
thanks

This post is 4 years old!!