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EEA extended family

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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stevesyjames
Newbie
Posts: 30
Joined: Thu Jun 04, 2009 10:46 am
Greece

EEA extended family

Post by stevesyjames » Sun Dec 04, 2016 7:46 pm

Hi, just a quick few questions about my wife's brother (non-EEA citizen). I am an EU citizen living in the UK for the past 10 years, my non-EU wife has lived her with me since we were married 7 years ago (she has a RC). I don't have a PR card, though I did acquire PR as was employed full-time for over 5 years.

My wife's brother is a US citizen and would like to do some postgraduate studies here in the UK. Going the student visa route, he would have to do a bunch of stuff over in the US, including showing enough money to pay for his full year's tuition, as well as living expenses (upwards of $30,000).

As I read it, he qualifies as my extended family. But in the regulations I see it says he would have to be 'dependent', and I was wondering if there are any qualifications to his being granted a RC? As in, does he have to live with us or something to that effect? As a US citizen, could he come in without an EEA Family Permit (tourist visa) and apply for residence once here, as I did with my wife, or would he HAVE to have the Family Permit in order to apply for the RC?

This is all looking ahead to next Autumn, we're just looking at the details and trying to figure out a timeline. Cheers in advance!

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA extended family

Post by Obie » Sun Dec 04, 2016 9:26 pm

Is your brother-in-law dependent on you?
Smooth seas do not make skilful sailors

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: EEA extended family

Post by noajthan » Mon Dec 05, 2016 12:30 am

stevesyjames wrote:Hi, just a quick few questions about my wife's brother (non-EEA citizen). I am an EU citizen living in the UK for the past 10 years, my non-EU wife has lived her with me since we were married 7 years ago (she has a RC). I don't have a PR card, though I did acquire PR as was employed full-time for over 5 years.
...

As I read it, he qualifies as my extended family. But in the regulations I see it says he would have to be 'dependent', and I was wondering if there are any qualifications to his being granted a RC? As in, does he have to live with us or something to that effect? As a US citizen, could he come in without an EEA Family Permit (tourist visa) and apply for residence once here, as I did with my wife, or would he HAVE to have the Family Permit in order to apply for the RC?

This is all looking ahead to next Autumn, we're just looking at the details and trying to figure out a timeline. Cheers in advance!
Can bro show dependency for essential daily needs eg food, housing? Or membership of your household?
Is he dependent on you for these fundamentals or a member of your household even now before moving to UK?

Getting entry as a visitor then switching to EU route as an EFM is fraught with difficulties; getting it wrong means bro may be unlikely to gain admittance to UK on a visit visa again.

Check UKCISA website regarding home versus international fees status.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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