MelC wrote:dkbeam wrote:I am new to this forum. I am Irish National living in China. I read this link
http://www.legislation.gov.uk/uksi/2006 ... tents/made. and not fully understand Extended Family Member definition. Can someone in this forum help me out abit and explain to me please.
I am living in an apartment with my mother, brother, sister-in-law and their daughter (brother's). The apartment is under my mother's name but I am paying for the mortgage (fully) and all the utlity bills. My brother is unemployed and my sister-in-law is working and my niece is in kindergarden. I was studying in University in UK over 10 years ago and never used any public fund. I know my mother will eligable for a EEA permit since she is financially dependent on me (correct me if I am wrong on this one). If I moved back to UK, can I apply for EEA permit for my brother, sister-in-law and niece at the same time as my mother? or my brother, sister-in-law and niece are not eligiable as Extended Family Member at all?
Any information will be much apprecaited!
what nationality is your mum and your brother?
if they are also Irish then they have the right to enter the UK without you obviously, and your sister in law and niece would enter as your brothers family members (spouse and child) in particular, if your brother is Irish then your niece would hold irish nationality along with that of her mother if she is not also Irish, I am going to assume that she is Chinese as you are in Chinese, please excuse me if this is incorrect, but I don't think you would be looking at them as OFM's if they had Irish nationality.
If you can prove that you are indeed financially supporting your family members, and they have no automatic right of entry to the UK, then they should apply for entry as OFM's, but their applications will be scrutinised, and there will naturally be concerns that you will be able to support 3 adults and a child in the UK.
Thank you for your reply. No, none of them has Irish Nationality or other EEA nationality. I am the only person has Irish Nationality. This is why I asked if I can bring my brother, sister-in-law and niece over as Extended Family Member since we all living in one place and they are not fully financially depending on me as I only paying for the accommodation but likei mentioned that my sister-in-law is working but my brother is unemployed. Also, my mother is not unemployed at all because she is above retirement age.
I read some info online as following:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Section 2.4 said "
Was living as part of the EEA national’s household in an EEA state before the EEA national came to the United Kingdom¹,
¹Note: there is no dependency test for persons who can show that they have lived under the same roof as the EEA national before coming to the UK.;"
http://www.ukba.homeoffice.gov.uk/polic ... 2/#header2
EUN2.7 said "
residing in the same state in which the EEA national also resides and are dependent on the EEA national or are a member of the EEA national's household; and accompanying the EEA national to the UK or wishing to join them there."
From Section 2.4, it said that there is no dependency test for persons who can show that they have lived under the same roof as the EEA national before they coming to UK but it said they have to live within EEA member state with EEA national (which is me).
In accordance with Section 2.4, that means my household member is not qualified at all for EEA Extended Family Member since we are living outside EU and EEA at the moment.
but in EUN2.7 did not mention that we have to be living within EU or EEA. It only mentioned that residing in the same state as EEA national unless they referring SAME STATE as within EU or EEA.
I do not know if I reading it the wrong way but if anyone knows, please share the info with me. Thank you.
