EEA family permit for non-eea family member ( brother )

oflondon · Post by **oflondon** » Sun Oct 17, 2010 9:11 am

Please i would like to know if it is possible for an extended family member ( brother ) of a non-eea family member of an eea citizen apply for EEA FAMILY PERMIT abroad. Thanks

86ti · Post by **86ti** » Sun Oct 17, 2010 11:59 am

oflondon wrote:Please i would like to know if it is possible for an extended family member ( brother ) of a non-eea family member of an eea citizen apply for EEA FAMILY PERMIT abroad. Thanks

Possible, yes. Read through the guidance, first link and check for 'extended family members' for the conditions that must be met.

oflondon · Post by **oflondon** » Sun Oct 17, 2010 1:05 pm

@86ti.......thanks for your reply and the link....but i'm still confused about it.
For example, I'm a non - eea family member and I'm currently on 5 years RC, my wife is the eea citizen, and my brother back home in africa is a non-eea extended family member. Can you please carify this for me on how he can apply for EEA family permit. If it is possible, what are the documents he needs to submit at the U.K embassy abroad. Also, has anyone ever applied before on this way? I need answers urgently.Thanks

86ti · Post by **86ti** » Sun Oct 17, 2010 1:16 pm

Do the criteria mentioned in the link apply to your situation (dependency, common house hold, etc.)? If so, explain how. Only then will it be possible to give you further advice.

oflondon · Post by **oflondon** » Sun Oct 17, 2010 1:31 pm

He is my younger brother aged 29 living in africa. So my EEA wife and i want him to come over to the U.K via the EEA route. She( my wife ) will be the sponsor

avjones · Post by **avjones** » Sun Oct 17, 2010 7:51 pm

It is possible to apply, but you need to prove certain things.

8. â€”(1) In these Regulations "extended family member" means a person who is not a family member of an EEA national under regulation 7(1)(a), (b) or (c) and who satisfies the conditions in paragraph (2), (3), (4) or (5).

(2) A person satisfies the condition in this paragraph if the person is a relative of an EEA national, his spouse or his civil partner andâ€”

(a) the person is residing in an EEA State in which the EEA national also resides and is dependent upon the EEA national or is a member of his household;

(b) the person satisfied the condition in paragraph (a) and is accompanying the EEA national to the United Kingdom or wishes to join him there; or

(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.

(3) A person satisfies the condition in this paragraph if the 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.

(4) A person satisfies the condition in this paragraph if the person is a relative of an EEA national and would meet the requirements in the immigration rules (other than those relating to entry clearance) for indefinite leave to enter or remain in the United Kingdom as a dependent relative of the EEA national were the EEA national a person present and settled in the United Kingdom.

(5) A person satisfies the condition in this paragraph if the person is the partner of an EEA national (other than a civil partner) and can prove to the decision maker that he is in a durable relationship with the EEA national.

(6) In these Regulations "relevant EEA national" means, in relation to an extended family member, the EEA national who is or whose spouse or civil partner is the relative of the extended family member for the purpose of paragraph (2), (3) or (4) or the EEA national who is the partner of the extended family member for the purpose of paragraph (5).

JA13I · Post by **JA13I** » Sun Oct 17, 2010 8:25 pm

Sorry to go off-topic, but Amanda, great to have you back. Its been years!

oflondon · Post by **oflondon** » Sun Oct 17, 2010 8:44 pm

@ avjones...... many thanks for your reply. Please which one of those conditions do you think would best suit my non-eea brother in other to apply for the EEA family permit.Thanks

86ti · Post by **86ti** » Mon Oct 18, 2010 8:23 am

How can anybody help you if you won't tell us what the nature of the dependency of your brother on your wife is or was.

avjones · Post by **avjones** » Mon Oct 18, 2010 4:24 pm

JA13I wrote:Sorry to go off-topic, but Amanda, great to have you back. Its been years!

How kind! Nice to "see" you too

avjones · Post by **avjones** » Mon Oct 18, 2010 4:24 pm

oflondon wrote:@ avjones...... many thanks for your reply. Please which one of those conditions do you think would best suit my non-eea brother in other to apply for the EEA family permit.Thanks

I have no idea what your brother's circumstances are, so I can't tell what catagory you fall into.

Post by **Directive/2004/38/EC** » Mon Oct 18, 2010 6:05 pm

Maybe this will make it easier for you to figure out if your brother qualifies:
https://eumovement.wordpress.com/2008/0 ... ficiaries/

oflondon · Post by **oflondon** » Mon Oct 18, 2010 9:47 pm

thanks everyone.....here is the clear clue of what i'm talking about:
1)My brother is a non-eea national ( nigerian ) living in nigeria
2)I'm a non-eea national( Nigerian ) spouse of an EEA national living in U.K with my EEA wife.
3)My wife is an EEA national.

So i would like to know the easiest way to go about applying for EEA family permit for my brother in nigeria. Thanks

avjones · Post by **avjones** » Mon Oct 18, 2010 10:02 pm

Before you came to the UK, where were you living? And where was your brother living? Was it in the same household? Does your brother work?

oflondon · Post by **oflondon** » Mon Oct 18, 2010 10:18 pm

@avjones....many thanks for your reply. Before coming to the U.K, i was living in Nigeria.I came to the U.K on EEA family permit. My brother was living with me with me in the same household, and he is not working at the moment ( He is studying ). Please advice. Thanks

Post by **Directive/2004/38/EC** » Tue Oct 19, 2010 12:43 am

oflondon wrote:Please advice

Very simple. Read the links that various people have sent you. Think about your family situation with respect to your brother.

oflondon · Post by **oflondon** » Tue Oct 19, 2010 8:09 am

i've checked the link.Thanks......that means my brother is eligible for EEA family permit. We lived in the same household before coming to the U.K. At the moment, he is financially dependent on me and my EEA spouse ( studying )although he lives in Nigeria but we want him to come over to the U.K . My EEA wife and I work full-time here in U.K and she ( My EEA Spouse ) is ready to sponsor him.
Can he go ahead and apply for EEA family permit in Nigeria? Please advice. Thanks

avjones · Post by **avjones** » Tue Oct 19, 2010 10:20 am

the regulations say "living in another EEA state", which Nigeria isn't.

Post by **Directive/2004/38/EC** » Tue Oct 19, 2010 12:10 pm

avjones wrote:the regulations say "living in another EEA state", which Nigeria isn't.

The regulations still say that? Directive 2004/38/EC does not say "living in anothe EEA state". That extra "living in another EEA state" is likely something which could be fought on the basis of recent ECJ decisions.

mcovet · Post by **mcovet** » Tue Oct 19, 2010 2:13 pm

Please note, it will be harder for an extended family member to get the EEA FP as the requirements are more stringent than for others. You need to give more facts with dates of support, situation of your brother and so on.

When did you live together in the same household? That should be not only YOU and your brother, but the EEA member too, from how I interpreted the regulations and directive. So, will you be able to provide proof of cohabitation by the EEA and ur brother? All these little facts will probably be checked, and even more stringently in Nigeria than elsewhere, no offence intended.

Thus, could you provide more facts so that members can advise you better.

Good Luck

oflondon wrote:i've checked the link.Thanks......that means my brother is eligible for EEA family permit. We lived in the same household before coming to the U.K. At the moment, he is financially dependent on me and my EEA spouse ( studying )although he lives in Nigeria but we want him to come over to the U.K . My EEA wife and I work full-time here in U.K and she ( My EEA Spouse ) is ready to sponsor him.
Can he go ahead and apply for EEA family permit in Nigeria? Please advice. Thanks

oflondon · Post by **oflondon** » Wed Oct 20, 2010 8:57 am

We have living together in the same household for many years before i moved to the U.K in 2006. He knew my EEA wife when we had our wedding in Nigeria in 2006. He is studying at the moment in Nigeria and financially dependent on us. Any hope for him to apply for EEA family permit.

Post by **Directive/2004/38/EC** » Wed Oct 20, 2010 12:09 pm

One more try and then I give up.

Have you and your wife and your brother lived together in one house for an extended period of time?

Patience · Post by **Patience** » Wed Oct 20, 2010 6:48 pm

I think you can qualify if you show proof of financial dependence.Proof your brother is dependent on you and your EEA wife will do.

Since based on your story, your EEA wife and brother have never resided in the same household for a considerable period.

avjones · Post by **avjones** » Wed Oct 20, 2010 7:05 pm

Directive/2004/38/EC wrote:
avjones wrote:the regulations say "living in another EEA state", which Nigeria isn't.
The regulations still say that? Directive 2004/38/EC does not say "living in anothe EEA state". That extra "living in another EEA state" is likely something which could be fought on the basis of recent ECJ decisions.

Yes, but it would be long and complicated.

Post by **Directive/2004/38/EC** » Wed Oct 20, 2010 7:22 pm

avjones wrote:Yes, but it would be long and complicated.

Why is this? Is there anything preventing somebody introducing ECJ rulings as part of an appeal to the First-tier Immigration Tribunal?

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EEA family permit for non-eea family member ( brother )

EEA family permit for non-eea family member ( brother )

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