PR for Extended Family Member

[Morpheo]

Hi all,

It is now time to apply for my sister PR who gained a RC on the ground of OFM. I would really appreciate your help to clarify some points.

She has been living with me (PR holder more than 5 years) and my wife (Belgium) for the last five years hence part of the household. Initially she was dependent on my income for 2 years (money transfer to her) however she secured a high rewarding job after her studies and my transfers stopped (no need to send her money as she earns enough).

My wife has been self-sufficient for the last 5 years as I earn enough to support the household. my wife and I both have been holding a CSI for the last 5 years.

My wife is also intending to apply for her PR on self-sufficient grounds (CSI + My income)

The only thing that I might have overlooked is that my sister did not have a CSI. Is this a requirement for her to get her PR?

Tanks in advance

[Obie]

The extended family member need to show that there is a Comprehensive Sickness Insurance that covers them, and that they are dependent on your wife, and not you.

[Morpheo]

Hello Obie,

I'm confused because I'm the income provider in the household and I'm not restricted to any regulation hence my income will count as the household income.

My wife is exercising the treaty right as self-sufficient hence the need of CSI and income (my income).

Concerning the EFM, do they still need a CSI despite working for the period and contributing to the system by paying taxes

Thanks in advance

[Obie]

Even if they were to succeed on the dependent or membership of the same household, it is likely they will not succeed on the CSI requirement.

[Morpheo]

Thanks Obie,

Could you point me where it says that the EFM needs a CSI for the period of 5 years to be successful in their PR as I'm not being able to find this.

What I don't understand is why would you need a CSI if you are fully working and paying a high contribution via tax.

Thanks in advance

[Jambo]

why would you need a CSI if you are fully working and paying a high contribution via tax.

You said that both you and your wife have CSI. You say that you are income provider. The same logic applies to all family members (EFM are considered family member once they are issued documentation under EEA regulations).

[Morpheo]

Thanks Jambo,

What about if we apply for my wife's PR first and once we get it we apply for my sister on the basis of my wife's PR plus evidence that the EEA national did not leave the country for 2 years.

I though that it was only required to show that the EEA was exercising the treaty right for 5 years and for the EFM to have lived under the same household.

My wife was pregnant twice in the last 5 years and was taking care of both babies hence not able to work before this she was studying.

I still can't find anywhere in the EEA 4 or case workers guidelines where it says that both EEA and No EEA should have CSI when the EEA member is self-sufficient

[Obie]

The requirement of 4(2) (a) and 4(2)(b) will not be met, and your wife could find that at the PR stage, records are kept. It is not only your sister that will have their Permanent Residence Card application rejected, but your wife could also find her Permanent Registration Certificate revoked too , if she succeeded in obtaining one, on the basis that she misrepresented her position to the Secretary of State.

http://www.eearegulations.co.uk/versions/latest.php

[Jambo]

Thanks Jambo,

What about if we apply for my wife's PR first and once we get it we apply for my sister on the basis of my wife's PR plus evidence that the EEA national did not leave the country for 2 years.

I though that it was only required to show that the EEA was exercising the treaty right for 5 years and for the EFM to have lived under the same household.

My wife was pregnant twice in the last 5 years and was taking care of both babies hence not able to work before this she was studying.

I still can't find anywhere in the EEA 4 or case workers guidelines where it says that both EEA and No EEA should have CSI when the EEA member is self-sufficient

For time spent as economically self-sufficient: this must include evidence of
comprehensive sickness insurance for your EEA national family member and any
family members included in your application (see section below on comprehensive
sickness insurance) and of funds to show your EEA national family member is
economically self-sufficient, e.g. a bank statement. If these funds come from another
family member, evidence of their employment or funds should be supplied. Evidence
to show your EEA national family member is retired, e.g. document(s) confirming the
receipt of a pension.

[Morpheo]

Thank you both.

Actually, I just checked the policy and all members of the household are covered in the CSI starting from April 2011 till end of March 2015. RC was granted on May 2011.

I guess we will need to extend the Policy for another year and apply in April 2016.

Do you know how is dependency normally proven once the EFM get the RC? If I read the regulation right, being a member of the household should suffice?

Th reason I'm asking is that it will not make sense to transfer money if the EFM has a highly paid job as she was granted to legally work.

[Morpheo]

Help anyone?