EEA2 extended family member

[sss549]

I have faced the First Tier Tribunal court hearing without a representative and I have received a 50/50 court decision. My Appeal against HO as an extended family member of an EU citizen (My sister is an Austrian citizen) has been allowed by First tier tribunal judge on 23 May 2016 under the immigration (EEA) Rules 2006. But my wife’s appeal has been dismissed, although my wife is my dependent. I may have failed to explain to Judge that I am an extended family member of my sister and my wife is my dependent. At present my wife is in UK and we have a baby boy born in 12 October 2015, London, UK.

14 days appeal period ends on 6 June 2016.

I am very confused what to do about my wife and my baby boy. For your information, my wife and mine appeal ref were different but it heard on same day.

Please advise what to do, should I appeal for my wife in Upper Tribunal or wait for my visa to sort out first then apply my wife and my boy as my dependent? Than in the mean time when I will wait for my visa to sort out by HO what would be my wife status???

[noajthan]

Kindly refrain from posting same question multiple times across forum.
It only serves to clutter up the forum with noise. It also violates the Board T&Cs.

Sharp-eyed members will respond if/when they are available and have something to add.
Stand by.

[noajthan]

I have faced the First Tier Tribunal court hearing without a representative and I have received a 50/50 court decision. My Appeal against HO as an extended family member of an EU citizen (My sister is an Austrian citizen) has been allowed by First tier tribunal judge on 23 May 2016 under the immigration (EEA) Rules 2006. But my wife’s appeal has been dismissed, although my wife is my dependent. I may have failed to explain to Judge that I am an extended family member of my sister and my wife is my dependent. At present my wife is in UK and we have a baby boy born in 12 October 2015, London, UK.

14 days appeal period ends on 6 June 2016.

I am very confused what to do about my wife and my baby boy. For your information, my wife and mine appeal ref were different but it heard on same day.

Please advise what to do, should I appeal for my wife in Upper Tribunal or wait for my visa to sort out first then apply my wife and my boy as my dependent? Than in the mean time when I will wait for my visa to sort out by HO what would be my wife status???

What is your nationality?
Wife and child's nationalities?

How long have you and wife lived in UK as dependents of sponsor/sister?

Did you and wife live with sponsor/sister in any country previously in a household in which sister was head of household?
Did sponsor/sister support you and/or wife in the past?

If you are the EFM of an EEA sponsor (sister) then be aware you do not have dependents as you are unable to sponsor anybody on the EU migration route.
All non-EEA persons in one family might be the dependents of the EEA national sponsor.

Also note if one is on the EU migration route one does not obtain a 'visa' but merely a confirmatory document that demonstrates a right to reside (work/study) in UK (if one exists).

[sss549]

Thank you ...... noajthan
Answer to your ques are-
My Nationality – Bangladeshi
My wife’s nationality – Bangladeshi
My Son – Born in London,
My Wife and my son, at present they are with me in London.

My Wife came in UK in October 2012 as my Spouse/ Dependant Visa, at that time I had TIER 1 visa.

My sponsor is my Sister, She is a Bangladeshi Austrian Citizen, I used to lived /sharing with my sister in Austria and UK. From 2008 to till now I share the same household of my sister and from October 2012 since my wife came in UK, we all share same household of my sister.
Note:- On My Original EEA2 application and my Appeal application I always confirmed about my wife as my Spouse/dependent, But after appeal application I received 2 separate Appeal Number although 2 separate Appeal heard in same time, same day.
On the Decision and reason Judge mention that my wife doesn’t proof of any prior relationship as an extended family member of the sponsor (!!!)…. We never tried to do so bcz my wife is my depended not extended family member !!!

....... Really need a idea .... what should I do???

[Noetic]

As noajthan said in this case you can't sponsor anyone as you are yourself here as a person being sponsored by an EEA national exercising treaty rights. As I understand it, your wife needs to apply as an extended family member of your sister, not you. You stopped being able to act as a sponsor when you changed to EEA family member route from Tier 1.

[Casa]

As noajthan said in this case you can't sponsor anyone as you are yourself here as a person being sponsored by an EEA national exercising treaty rights. As I understand it, your wife needs to apply as an extended family member of your sister, not you. You stopped being able to act as a sponsor when you changed to EEA family member route from Tier 1.

+1 Exactly

[sss549]

As noajthan said in this case you can't sponsor anyone as you are yourself here as a person being sponsored by an EEA national exercising treaty rights. As I understand it, your wife needs to apply as an extended family member of your sister, not you. You stopped being able to act as a sponsor when you changed to EEA family member route from Tier 1.

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Hi Noetic,
thanks for ur reply.....
If my wife apply as an extended family member of my sister ....definetly my wife's application will refused bcz she cant established any prior relationship with my sister????

[noajthan]

On the Decision and reason Judge mention that my wife doesn’t proof of any prior relationship as an extended family member of the sponsor (!!!)…. We never tried to do so bcz my wife is my depended not extended family member !!!

....... Really need a idea .... what should I do???

You have made some unfortunate and fundamental mistakes here.

In the first place you need to clear your mind of UK immigration (Tier x) terminology.

Noone is your dependent. You cannot sponsor anybody.
In the EU context of free movement you are all dependents of your EEA sponsor.

EU rights are not about helping you to stay together with your immediate family;
they are focused on letting your EEA sponsor (sister in this case) exercise her treaty rights in UK without worrying or being constrained by losing you as members of her household/dependents.
In other words its all about your sister, not about you.

The HO and judge are probably looking at it this way:
what is the impact on sponsor (sister) of this person (brother, sister in law) not being in UK. Would it tend to force or encourage sister to give up free movement/treaty rights in UK and eventually leave the Union area.

With the membership of household/prior historical and current dependency it seems you could have made a reasonably strong case.
That is even with your wife becoming a member of sister in law's household upon marriage; but it is a complex area.
Most unfortunate the chance has slipped away.

Suggest go back to basics, get up to speed with EU rights and try again.

Free movement concepts:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

Continue here, regarding EFM and dependency - in UK context:
https://www.gov.uk/government/uploads/s ... _clean.pdf

In the meantime you face a number of challenges and its not clear how to regularise your wife's position in UK.
As an EFM, wife needs to hold a RC.
Having lost in court wife may face an administrative removal procedure if HO decides to initiate one.

Having a family may help ofcourse, although 'human rights' does not necessarily come into play here in this type of EU case.

As parents of a British child there is the derivative rights option to look into.
(However that is a limited, parasitic right and cannot lead the bearer to PR).
See https://www.gov.uk/derivative-right-residence/overview

Final suggestion, as this is now a complex and challenging case - enlist professional help.
Suggest seeking appropriate legal advice from a migrant's support/advocacy group, community law centre or qualified/experienced lawyer or OISC immigration advisor.