Bringing my 13 years old brother to the uk

[ssemog]

Hello,
I'm portuguese and have lived in the uk for over 5 years. My parents live in Portugal and are getting divorced after a 30 years unhealthy and violent relationship. My mother is seeking Psychiatric help as she is not well at all and I would like my younger brother (13 years old) to come and live with me at least for a year. What do I have to do to this legally and so that he has access to health and education? We are bothh portuguese, therfore EEA nationals.

I'm employed part time so I believe I'm exercising the treaty right of employment. However I came to the UK to study. Also, I have 3 children of my own so I do get some housing benefit. Would this affect things?

Thank you,

Sandra

[vinny]

See also EEA nationals.

[ssemog]

Hello, thank you. I read all the links but couldn't figure out what to do. The only time they mention the rights of a EEA child they say she must be self suficient, and then they move on to explay how non-EEA family members could join a self suficient child.
Does my brother really have to be self suficient if I'm taking care of him? Could he not attend public schools and register with a GP?

What if my parents sign an authenticated document assigning me has his legal guardian?

It's quite urgent, so any replys or clues will be helpfull!

Thank you!

[vinny]

I think that you are worrying too much. As an EEA citizen child, he has his own rights to be in the UK. As you are supporting him, he should be okay. To be safe, also get some comprehensive sickness insurance for him.

[Obie]

Under the EEA REGULATIONS for registration certificate, you brother may qualify under Regulation 8(2) if he was dependant or member of your household in Portugal, or under Regulation 8(4) if he can meet the requirement of the immigration rules other than for Entry clerance if you were present and settled in the UK.

The UK Government don't have a policy of removing EEA NATIONAL, so in any event your brother will be fine.

[ssemog]

Thank you for your answers, I didn,t reply because in the meanwhile I came to Portugal to get my brother.

I haven´t lived in the same household as my brother for about 10 year so Im guessing I should try to get him a registration certificate by showing he passe the immigration rules other than entry clearance.

I found the following:

Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:
[...]
(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
[...]
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and


My only problem with the above is that, although I work, I m a single mother of 3 children, and therefore I do bet some housing benefit and tax credits. If I don´t ask my entitlement to hb to be changed due to have one more dependent (my brother) and if I don´t apply for child benefit for him, will it be fine then?
Also, I can´t afford a private school or a private compreensive medical insurance. Can he have access to the GP and a public school?

I really appreciate any help.
Regards,
Sandra

[vinny]

I don't think that's necessary. He's an EEA national with his own rights.