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Sister, Family member or extended family member?

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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Malik_01
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Posts: 34
Joined: Sat Jan 28, 2017 5:27 pm
United Kingdom

Sister, Family member or extended family member?

Post by Malik_01 » Sat Jan 28, 2017 6:05 pm

Hello everyone!

I would like your kind advise on my topic. My sister needs to apply for an EEA family permit from overseas, but not sure whether she needs to apply as a direct family member / extended family member. I am a non EEA citizen with RC married to an EEA national.

Your help/advise would be much appreciated.

Thank you so much.

Malik

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Sister, Family member or extended family member?

Post by Casa » Sat Jan 28, 2017 6:08 pm

Your sister is an extended family member and will have to prove her dependency in order for an EEA application to succeed.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Malik_01
Newbie
Posts: 34
Joined: Sat Jan 28, 2017 5:27 pm
United Kingdom

Re: Sister, Family member or extended family member?

Post by Malik_01 » Mon Jan 30, 2017 8:44 am

Thank you Casa :)

jakfzs77
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Posts: 36
Joined: Tue Feb 01, 2011 11:26 pm
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Re: Sister, Family member or extended family member?

Post by jakfzs77 » Thu Nov 02, 2017 4:48 am

Dear sir/Madam

I will be very thankful to anyone who guide me regarding my Brother visa using Directive 2008/34/eu or other words Exercising Free movement as Eu Citizen.

I am British Citizen and like to apply for my brother visa, please guide me the process. Do i have to move to any eu country and work there for 3 month.

Anyone please explain me the whole process. Many thanks

Jak

secret.simon
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Posts: 11258
Joined: Thu Feb 21, 2013 9:29 pm

Re: Sister, Family member or extended family member?

Post by secret.simon » Thu Nov 02, 2017 4:56 am

jakfzs77 wrote:
Thu Nov 02, 2017 4:48 am
Dear sir/Madam

I will be very thankful to anyone who guide me regarding my Brother visa using Directive 2008/34/eu or other words Exercising Free movement as Eu Citizen.

I am British Citizen and like to apply for my brother visa, please guide me the process. Do i have to move to any eu country and work there for 3 month.

Anyone please explain me the whole process. Many thanks

Jak
As a British citizen, you cannot sponsor your brother (an extended family member) to the UK, not even on the Surinder Singh route, which only applies to direct family members (spouses, children and dependent parents).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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

Re: Sister, Family member or extended family member?

Post by Obie » Thu Nov 02, 2017 5:41 pm

secret.simon wrote:
Thu Nov 02, 2017 4:56 am
.... not even on the Surinder Singh route, which only applies to direct family members (spouses, children and dependent parents).
With the utmost respect that is not correct.

It may be best to specify that it is UK's arguably flawed interpretation of EU law. It is certainly not EU law. At best we can say the matter is still awaiting EU law, but we have domestic authority, from domestic court , which interprets the law, and their view are very much at variance with Home Office views on the law.
Smooth seas do not make skilful sailors

jakfzs77
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Posts: 36
Joined: Tue Feb 01, 2011 11:26 pm
Contact:

Re: Sister, Family member or extended family member?

Post by jakfzs77 » Fri Nov 03, 2017 3:19 am

Thanks obie and Casa and others for writing back to me, So its mean I still can apply under eu law for my brother or still i have to wait. I am thinking to move to Belgium and work there as self employed and then submit my brother care.

please tell me whats you take on this. Many thanks

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