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Can an EU National with Settled Status sponsor?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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hrak1978
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Posts: 323
Joined: Wed Jul 05, 2017 9:21 pm

Can an EU National with Settled Status sponsor?

Post by hrak1978 » Sat Aug 24, 2019 5:18 am

Dear Seniors, members and visitors?

Can an EU national with Settled status sponsor his kids who are married and over 21? He has been sending money since he moved to UK in 2010. He is retired but sending money non stop?

And also can he sponsor his wife?

And can he sponsor his sister in law who has never married, she is approx 85 years of age and household member back home along with his wife?

Your advice will help someone who is in desperate need!

Many thanks in advance.
{ I'm not a solicitor, legal professional or immigration advisor, all of my posts are based on my online search and my own PR, ILR (LR), 2 FTT and 2 UTT refused but finally after 3 years of long battle I got my SETTLED STATUS. }

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Zerubbabel
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Re: Can an EU National with Settled Status sponsor?

Post by Zerubbabel » Sat Aug 24, 2019 9:57 am

Hello

I think there is a misunderstanding of the spirit of these EEA laws.

Being an EEA national exercising Treaty Rights in a county doesn't entitle you to provide the authorities with a list of relatives you want to bring.

The idea is to sponsor people that are part - and have been genuinely part - of your household. EEA law doesn't want to break your household by allowing you to live in the EU but refusing that right to your non-EU partner, non-EU child or a dependent living with you.

Being part of your household and dependent on you are critical conditions.

It's not enough that the person is related to you. In this sense, you can't sponsor your siblings and their kids/partners. These are households separated from yours.

The fact that you send money is not enough. You can still live in the UK and send them money as you did.

You have to demonstrate that if they are not provided with EEA cards, you would have no other choice than leaving the UK.

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Can an EU National with Settled Status sponsor?

Post by Obie » Sat Aug 24, 2019 11:55 am

I am not going to comment into individual matters or whether they qualify or not. I am not into the business of doing that these days due to busy schedule. However based on the law, what you said is partially incorrect.
An extended family member do not necessarily have to have been in the same household as an EU citizen. It suffice that there has been an ongoing relationship of financial dependency.
Smooth seas do not make skilful sailors

hrak1978
Member of Standing
Posts: 323
Joined: Wed Jul 05, 2017 9:21 pm

Re: Can an EU National with Settled Status sponsor?

Post by hrak1978 » Sat Aug 24, 2019 2:32 pm

@Obie

Dear Obie,

You are really respected for me. I learnt alot from you.

Please correct me if I miss understood Mr Obie, EU national can sponsor his wife and kids but not his sister in law?

I am talking about my dad (Who is EU national) @Zerubbabel not about my self.

Please do advise Mr Obie when you get time from your precious busy schedule!

Many thanks.
{ I'm not a solicitor, legal professional or immigration advisor, all of my posts are based on my online search and my own PR, ILR (LR), 2 FTT and 2 UTT refused but finally after 3 years of long battle I got my SETTLED STATUS. }

secret.simon
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Re: Can an EU National with Settled Status sponsor?

Post by secret.simon » Sat Aug 24, 2019 4:15 pm

Also see this response to another thread.

Your EEA citizen father should be able to sponsor his dependent children and wife, but will likely not be able to sponsor his sister-in-law post Brexit.

Also, I think the "membership of the household" requirement is for the EFM to be a member of the household of the *EEA citizen* in the country from where he moved to the UK. So the sister-in-law will likely not be able to qualify on that score.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

hrak1978
Member of Standing
Posts: 323
Joined: Wed Jul 05, 2017 9:21 pm

Re: Can an EU National with Settled Status sponsor?

Post by hrak1978 » Sun Aug 25, 2019 7:09 am

@secret.simon

Many thanks.

Much appreciated.
{ I'm not a solicitor, legal professional or immigration advisor, all of my posts are based on my online search and my own PR, ILR (LR), 2 FTT and 2 UTT refused but finally after 3 years of long battle I got my SETTLED STATUS. }

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