Resident document for non-EEA dependant family member

[Garnet83]

Hello,

I am new to this so I hope I'm posting this in the right section. I have a question regarding the following.

My wife is from Montserrat and we are both living and working in the UK. She is in the UK on a 5 yr EEA2 family permit which is about to expire. The next step for her is to apply for a PR stamp in her pp.

Can my non-EEA wife bring her sister from Montserrat to join us in the UK and apply (the sister) for a resident document as a non-EEA dependant family member of an EEA national exercising treaty rights in the UK (which is me from Germany)? If so, is it straight forward by filling in a form and what are the criteria for the sister? I'm trying to look on the internet but I can't seem to find an answer on this question.

Hope anyone can help. Many thanks,

Garnet

[Garnet83]

Hi,

I just found the following. Could someone confirm to me if this is the latest definition of an extended family member:

5. Extended Family Members

"Extended family members" means a person who is not a family member of an EEA national as described above and satisfies one of the conditions set out below:

1. If a person is a relative of the EEA national, his spouse or his civil partner and is residing in an EEA member state in which the EEA national is also residing, as the dependant upon the EEA national or is a member of his household and wishes to accompany or join the EEA national in the UK or having joined the EEA national in the UK, continues to be dependant upon him or to be a member of his household.
2. If a person is a relative of an EEA national or his spouse or his civil partner and on serious health grounds, strictly requires the personal care of the EEA national, his spouse or his civil partner.

---- So my wife's sister does not reside in an EEA member state and does not have serious health problems. Does this mean there is no chance the sister can come to the UK and join us and depend on us? Can't the sister still come over under some sort of really strict criteria?

[Garnet83]

Me again,

Just read the following: 'The retention of rights, domestic violence, unmarried partners are the most important changes that have been incorporated into the EEA regulations and that would give the non-EEA family members of the EEA nationals the same rights as enjoyed by the family members of the British nationals'

Would my wife's sister stand a chance 'as a direct dependant in ascending line of my spouse' and apply under 'The retention of rights' based on me as EEA national exercising treaty rights'?

[Wanderer]

Is she 'wholly or mainly' dependant?

[Garnet83]

Thanks Wanderer,

The sister is 19 yrs old and came in the past a few times before on holiday to the UK and stayed with us. Every time she came over she received a standard 6 months visitor visa.

If she were to come over now then she would be wholly dependant. However, she's an eager worker so she could get a job if that makes a difference and if allowed of course.

[Wanderer]

Thanks Wanderer,

The sister is 19 yrs old and came in the past a few times before on holiday to the UK and stayed with us. Every time she came over she received a standard 6 months visitor visa.

If she were to come over now then she would be wholly dependant. However, she's an eager worker so she could get a job if that makes a difference and if allowed of course.

In that case she's not a dependant so does not qualify I'm afraid.

[Garnet83]

Thanks Wanderer, financially dependant is the issue here then if I'm correct. What does HO qualify as financially dependant? My wife's family comes from a poor background and my wife and I do send money over to my wife's mother as a support for her and her daughter (the sister). The sister doen't have a job over there, neither the mum. Do they fully depend on our financial support: No. Does it help them tremendously: Yes.

What are the criteria for financially dependant? Hope you can help.

[Garnet83]

*just to clarify: i mentioned the sister is an eager worker. What I was trying to say is that she is willing to push herself and is willing to take on any job in the UK if she would get the opportunity.

[Casa]

If she was employed in the UK then she would no longer be financially dependent on you and therefore wouldn't qualify.

[Garnet83]

Thanks Casa,

Understood. In reality with all the proof and Visa papers employers want these days in the UK it's actually unlikely she will get a job.

If me and my wife can proof that the sister is financially dependant on us being over there as well being in the UK with us then we have case?

[Wanderer]

Thanks Casa,

Understood. In reality with all the proof and Visa papers employers want these days in the UK it's actually unlikely she will get a job.

If me and my wife can proof that the sister is financially dependant on us being over there as well being in the UK with us then we have case?

Question then is the same, is she or is she not wholly or mainly dependant? To be honest from what you've posted she isn't and you're trying to somehow make it fit.

So have you been supporting her financially in the past or not?

[Garnet83]

Hi Wanderer,

Thanks for your honest opinion. However, my wife and I supporting the sister financially over several past years (and still doing) and being able to provide proof of this, which supports the sister in basic needs, mainly food, clothes and transportation costs (of which we can provide proof as well), I can confirm that she is wholly dependant.

[Garnet83]

Hello,

1. Did some more digging. I now think that the sister is not an extended family member but a 'permitted family member'. Is that correct?

2. What I also got confirmed from several sources is that Dependency under the EU law is that of fact. Proofing that the sister is dependent is important. Is that correct?

3. From EEA regulation 8 (c) - 'the person satisfied the condition in paragraph (a), has joined the EEA national in the United Kingdom and continues to be dependent upon him or to be a member of his household'.

I'm not sure what they mean by the word joining in this particular matter? Any ideas?

Help really appreciated

[Obie]

Permitted Family member is a term used in Ireland. It is the equivalent of the extended family member term in UK.

[Garnet83]

Thanks for pointing that out

[Garnet83]

Decided to try and apply for the sister. Will do this after summer holidays. In my opinion the financial proof is sufficient. However, let's see. I will update this post if when I will have more news.

Any advice in the meantime is more then welcomed!

[Casa]

One word of caution. If you apply for a dependent visa and aren't successful, all future visitor visa applications are likely to be refused.

[Garnet83]

Thanks for letting me know Casa. I was thinking over the weekend that it might be better to fill in the form and let a sollicitor check it for me and sign it on my behalf. Trying to avoid paying money but maybe it is the best thing.