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Non-Eea Extended Family Member


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#1 keftin

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Posted 14 August 2010 - 09:17 PM

I have read through many of the posts and I understand that extended family dependency (sibling) on an EEA National will be determined on the facts presented to UKBA.

However, I have read conflicting comments in respect of applying for a EEA Family Permit, when traveling from a non-visa country to join an EEA national in the UK.

Therefore, is it an absolute requirement to apply for an EEA Family Permit if the intention is to apply for an EEA2 residency on arrival? On the VAF5 (EEA Family Permit) I assume one would have to state the purpose of travel. Would stating that the intention is to apply for EEA2 residency be grounds for refusal to issue a EEA Family Permit which, as I understand, exists primarily to visit family members rather than facilitate an application for an EEA2 residency permit.

Does having an EEA Family Permit guarantee entry ie does not allow discretionary entry refusal?

Trying to cover all bases - any advice would be appreciated.



#2 Mutly

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Posted 15 August 2010 - 01:43 PM

The EEA family permit is not an absolute requirement. However if a non-visa national intends to take residence in the UK they would not be eligible to enter as a visitor and there would be a significant risk of being bounced (denied entry) without an EEA family permit.

Extended family members don't have an automatic right of residence. If the intention of an applicant outside the UK will be to apply for a residence card as an extended family member then it would be best to enter with an EEA family permit. That way it is clear that presence in the UK is as an extended family member, otherwise it may, depending on the specific situation, mean that the requirements are not or no longer met or make it look as if the requirements were not met. For example an applicant has sufficient resources to enter the UK as a visitor but then applies as a dependant of an EEA national, or as a member of a househol when it may be argued that the applicant is not or no longer part of that household.

Also, an extended family member without an EEA family permit would have no evidence of their status until a residence card is applied for and a COA, confirmation of application, is received. In the case of unmarried partners without an EEA family permit, not having leave to remain (already being a UK resident) can be a ground for refusal.

Stating an intention to apply for a residence card, ie. to reside in the UK with the EEA national, is not grounds for refusal. The EEA family permit exists for all family members or extended family members of EEA nationals seeking to enter the UK, regardless of whether they're visiting the EEA national or taking residence in the UK. Therefore it's common that entry to the UK with an EEA family permit be followed on arrival by a residence card application.

An EEA family permit doesn't guarantee entry as such. Extended family members could be denied entry if it is established that the EEA family permit was obtained fraudulently.

It is always necessary that the EEA national already be in the UK or be entering the UK with the EEA family permit holder.

On the whole, a dependent sibling should apply for an EEA family permit and if necessary consult an advisor from outside the UK for a document check to ensure that the documentation is satisfactory to the ECOs, entry clearance officers. These documents should also be brought to the UK, they will generally be needed for the residence card application as well.

#3 John

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Posted 15 August 2010 - 01:45 PM

is it an absolute requirement to apply for an EEA Family Permit if the intention is to apply for an EEA2 residency on arrival?


That depends upon whether you are a Visa National, or not. What is your nationality?

Would stating that the intention is to apply for EEA2 residency be grounds for refusal to issue a EEA Family Permit which, as I understand, exists primarily to visit family members rather than facilitate an application for an EEA2 residency permit.


Your understanding is wrong. There is no problem getting an EEA Family Permit, and then later applying for a Residence Card.

Does having an EEA Family Permit guarantee entry ie does not allow discretionary entry refusal?


Well no, in the sense that no visa or permit constitutes a total guarantee. But in practice entry is granted unless there is a good reason why not, such as UKBA becoming aware it was obtained fraudulently.

Please explain why you are dependant on your sibling? And why your sibling has EEA Citizenship, and you do not?

#4 keftin

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Posted 16 August 2010 - 12:12 AM

Thank you to both of you for the information you have provided.

Clearly, it is best to apply travel on a family permit even if the country concerned is a non-visa one.

Please explain why you are dependant on your sibling? And why your sibling has EEA Citizenship, and you do not?


Financial dependency. Sibling acquired non-British EU citizenship through marriage.

#5 keftin

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Posted 17 August 2010 - 11:27 PM

A further clarification in relation to extended family members , if possible.

Reading through UKBA guidelines it refers to a case called Bigia and the issue of 'historical dependency' and 'lapsed dependency'. I therefore read the Bigia case and it refers to a judge's ruling which used the term, "very recent dependency or household membership".

What time frame is used when determining dependency?

#6 vinny

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Posted 17 August 2010 - 11:49 PM

Bigia & Ors v Entry Clearance Officer [2009] EWCA Civ 79 (19 February 2009)

#7 keftin

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Posted 18 August 2010 - 11:53 AM

Thank you for that link. However, it does not clarify what is meant by the terms I have referred to above.

Has anyone got any practical examples of how they have been applied.

#8 Mutly

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Posted 18 August 2010 - 04:50 PM

Reading through UKBA guidelines


Do you mean the parts of chapters 2 and 5 referring to extended family members of the European Casework Instructions

Has anyone got any practical examples of how they have been applied.


Can you describe your and your sibling's situation?

#9 keftin

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Posted 18 August 2010 - 05:09 PM

Do you mean the parts of chapters 2 and 5 referring to extended family members of the European Casework Instructions


Yes.

Can you describe your and your sibling's situation?


Extended family (adult) member was part of the household and a dependent in a non-EEA country. Sibling acquired EU citizenship through marriage when spouse obtained EU citizenship through ancestory. This required traveling to and staying in a EU country to obtain documentation before taking up residency in UK.

Therefore time has elapsed between the now EU national leaving non-EEA country to acquire citizenship and then to become established in the UK (housing/jobs etc).

So, the question is: How soon must an extended member of the family travel to re-join the household, bearing in mind the comments in Bigia?

#10 Mutly

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Posted 19 August 2010 - 12:25 PM

If financial dependency has been maintained then it may be an issue of whether the EEA national would have moved to the UK if it were not possible for the sibling to join them there. If the EEA national and spouse only departed the non-EEA state to obtain the EEA nationality then it might be argued that this rather than household unity or moving to the UK itself was the primary factor. Whilst Bigia mentions cases of EEA nationals who have never lived in the country of nationality, it doesn't cover the situation of an EEA national becoming such between leaving a third country where the applicant is also resident and moving to the UK.

Given that an individual assessment is carried out when extended family members (Bigia: other family members) apply, and that I'm not an advisor or solicitor, unfortunately I can't offer any useful information further to the casework instructions you've read, these do include the criteria of ECJ Jia which Bigia refers to and Bigia offers no specific definition of terms such as very recent dependency or household membership.

It may be best to apply for an EEA family permit with the assistance of an advisor.




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