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

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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Dec 20, 2011 9:49 pm

wb wrote:Thanks Directive

Looking at the guidance notes, 8.2 Your Relationship, where is says:

“Other than spouse, civil partner or children under 21, ALL family members must provide documentary evidence that they are dependent on the EEA National or are part of the EEA National’s household.”

Am I to understand this as no requirement in my case, child is 12 years, to send documentary evidence of dependency?

Also, in answer to the question, 8.2.1 How are you related to the EEA National?

Would I be correct to say Stepfather?
Direct family members includes children of the spouse of the EU citizen.
(c) the direct descendants who are under the age of 21 or are dependents and those of the spouse or partner as defined in point (b);
See http://eumovement.wordpress.com/2008/04 ... ly-member/

The UK guidance you quote is not fully accurate. But the law is clear: http://www.legislation.gov.uk/uksi/2006 ... ion/7/made
7.—(1) Subject to paragraph (2), for the purposes of these Regulations the following persons shall be treated as the family members of another person—(a)his spouse or his civil partner;
(b)direct descendants of his, his spouse or his civil partner who are—
(i)under 21; or
(ii)dependants of his, his spouse or his civil partner;
(c)dependent direct relatives in his ascending line or that of his spouse or his civil partner;
(d)a person who is to be treated as the family member of that other person under paragraph (3).
I would put "step father" to describe the relationship. Sounds good.

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