EEA permit- EXTENDED Family Members!

[albaima_dee]

Is there anyone in here who have tried eea family permit for an extended family members?

[Terpe]

I think you'll need to provide a little more information on the question you seek help with.

Are you meaning a UKBA EEA Family Permit which is a UK Entry permit issued to family members of an EEA National currently residing in an EU country ??
or
Are you meaning a Family Member entry visa to an EU country for EEA nationals exercising treaty rights ??

Under normal conditions extended family members are only accepted if they are dependent on the EEA National or sometimes if sufficient evidence can be provided that those extended family member either live (or have lived) in the same houshold as the EEA national even if they are not dependent. This is often tricky to secure. Much more tricky for UK Family Permit than for most EU countries.
That's why I asked for more details.

[albaima_dee]

I think you'll need to provide a little more information on the question you seek help with.

Are you meaning a UKBA EEA Family Permit which is a UK Entry permit issued to family members of an EEA National currently residing in an EU country ??
or
Are you meaning a Family Member entry visa to an EU country for EEA nationals exercising treaty rights ??

Under normal conditions extended family members are only accepted if they are dependent on the EEA National or sometimes if sufficient evidence can be provided that those extended family member either live (or have lived) in the same houshold as the EEA national even if they are not dependent. This is often tricky to secure. Much more tricky for UK Family Permit than for most EU countries.
That's why I asked for more details.

Thank you the reply.

It's EEA Family Permit. I am a cousin of an EEA National. Please help me.

[Terpe]

Thank you the reply.

It's EEA Family Permit. I am a cousin of an EEA National. Please help me.

What passport does your cousin have?
Where does your cousin live?

[albaima_dee]

What passport does your cousin have?
Where does your cousin live?

He is an EEA National. He lives in UK.

[Terpe]

He is an EEA National. He lives in UK.

What passport does your cousin hold? Please.

Is you cousin working ?
Does your cousin have adequate accommodation for you both?
What reasons cause you to be dependent upon your cousin?
Do you have any 'direct' family in the Philippines (mother, father, brothers,sisters etc)
Who is taking care of your needs?
Are you employed?

I just trying to establish the facts before giving an opinion

[albaima_dee]

What passport does your cousin hold? Please.

Is you cousin working ?
Does your cousin have adequate accommodation for you both?
What reasons cause you to be dependent upon your cousin?
Do you have any 'direct' family in the Philippines (mother, father, brothers,sisters etc)
Who is taking care of your needs?
Are you employed?

I just trying to establish the facts before giving an opinion

Thank you again for the response. He holds a spanish passport.
Yes, he is working. My parents got separated when I was a child. He supported me in college until I graduated. He is still supporting us until now. I have my brother, both of us are dependent on him. Without him, I don't know where we should be at. I am not employed.

[joebloggs]

how old are you ?

[albaima_dee]

how old are you ?
24yo

[Terpe]

Thank you again for the response. He holds a spanish passport.
Yes, he is working. My parents got separated when I was a child. He supported me in college until I graduated. He is still supporting us until now. I have my brother, both of us are dependent on him. Without him, I don't know where we should be at. I am not employed.

I'm sure you already researched this but anyway here's what UKBA state:-

Other relatives - including extended family members such as brothers, sisters and cousins - do not have an automatic right to live in the UK. To be considered, they must be able to show that they are dependent on you.

Here's some information from UKBA's website on Supporting documents for an EEA family permit (http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/documents/)
(click on the link to follow)

The important thing to understand here is that there is no application fee for an EEA family permit. It's completely free of charge.

You should carefully prepare ALL the documents needed from both you side and from your cousin's side. Make sure you FULLY comply with the requirement.

Your application will be closely scrutinised regarding your dependency on the EEA National.

Please understand that to meet regulations as a dependent extended family member your dependency will be interpreted as meaning that you need financial support from the EEA national in order to meet your essential needs
This is not interpreted as meaning to "have a certain level of income."

As long as you can prove that you would not be able to meet your essential living needs without the financial support of the EEA national you should be considered dependent on that national.
Now under these circumstances, it really doesn't matter that you also additionally receive financial support from other sources.
It's also not necessary for the UKBA to determine the reasons for your financial support provided by the EEA national

Remember to demonstrate that your dependency existed immediately before or very recently before the EEA national came to the UK and also that you are joining the EEA within a relatively short time after the UK arrival of the EEA National.

If you under 18 years of age you'll need written permission from your parents/guardians.

Here are some useful documents to review:-

Supporting Documents Guidance- EEA Family Permit (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/out-of-country/eea-family-permit.pdf)

VAF5 Application Form - EEA Family Permit (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf5.pdf)

VAF2-8B Guidance Notes (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf2-8b-guidance.pdf)

Good luck and hope you'll keep us informed as you progress

Is your brother also planning to apply for UK EEA Family Permit ??
How old is your brother?

[albaima_dee]

I'm sure you already researched this but anyway here's what UKBA state:-


Here's some information from UKBA's website on Supporting documents for an EEA family permit (http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/documents/)
(click on the link to follow)

The important thing to understand here is that there is no application fee for an EEA family permit. It's completely free of charge.

You should carefully prepare ALL the documents needed from both you side and from your cousin's side. Make sure you FULLY comply with the requirement.

Your application will be closely scrutinised regarding your dependency on the EEA National.

Please understand that to meet regulations as a dependent extended family member your dependency will be interpreted as meaning that you need financial support from the EEA national in order to meet your essential needs
This is not interpreted as meaning to "have a certain level of income."

As long as you can prove that you would not be able to meet your essential living needs without the financial support of the EEA national you should be considered dependent on that national.
Now under these circumstances, it really doesn't matter that you also additionally receive financial support from other sources.
It's also not necessary for the UKBA to determine the reasons for your financial support provided by the EEA national

Remember to demonstrate that your dependency existed immediately before or very recently before the EEA national came to the UK and also that you are joining the EEA within a relatively short time after the UK arrival of the EEA National.

If you under 18 years of age you'll need written permission from your parents/guardians.

Here are some useful documents to review:-

Supporting Documents Guidance- EEA Family Permit (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/out-of-country/eea-family-permit.pdf)

VAF5 Application Form - EEA Family Permit (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf5.pdf)

VAF2-8B Guidance Notes (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf2-8b-guidance.pdf)

Good luck and hope you'll keep us informed as you progress

Is your brother also planning to apply for UK EEA Family Permit ??
How old is your brother?
Thank you so much for your reply.

Thank you for the information. How can we prove dependency to the EEA National? Please help me.
My brother and I are planning to appy for UK EEA Family Permit? Is it possible that the 2 of us may apply taking into consideration that the EEA National is our cousin?

[Terpe]

Thank you so much for your reply.

Thank you for the information. How can we prove dependency to the EEA National? Please help me.

You'll need to provide documentary evidence (such as remittance detail receipts) plus what else you have to support the case of dependency.
This regulation should help you to formulate what evidence you need.

EUN2.9 How do I establish dependency under the EEA Regulations?

Direct family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit, (children under 21, spouses, civil partners do not need to provide any evidence to show dependency on the EEA national).

Extended family members must be wholly or mainly financially dependent on the EEA principal to meet his or her essential needs in order to qualify for an EEA family permit (durable partners do not need to provide evidence to show dependency on the EEA national). Emotional dependence to the EEA national would also be expected in order for an extended family member to qualify for an EEA family permit.

Whilst the following criteria are not in themselves grounds for refusal, they should be taken into consideration when assessing dependent relatives:
Whether there are any other close relatives in the country of origin from whom the family member receives material support. If a family member receives funds from the EEA national but, for example, is living in the same household as another relative who provides their food and accommodation, the family member cannot be said to need the financial support of the EEA national in order to meet his / her essential needs.
Whether the family member leading an independent life. For example, if a direct descendent 21 or over is married (and especially if they have children), it may be questionable as to whether the EEA national is supporting the essential needs of both the family member and their spouse and children. In such cases additional attention should be paid to ensure that the financial essential needs of the family are being met by the EEA national.

Remember essential needs are those covering accommodation costs, general housekeeping (including food, cleaning and key household expenses), utility costs (such as water, electric, gas etc), clothing and shoes.

UKBA would consider the following as non-essential costs so could not be included:-
Social/Entertainment costs
Sports Club or other Club membership
Satellite/Cable TV
Alcohol/Cigarettes
Personal Services/Employees

Hope that gives some ideas


My brother and I are planning to appy for UK EEA Family Permit? Is it possible that the 2 of us may apply taking into consideration that the EEA National is our cousin?

You both will need to make individual applications.

[albaima_dee]

You'll need to provide documentary evidence (such as remittance detail receipts) plus what else you have to support the case of dependency.
This regulation should help you to formulate what evidence you need.

Remember essential needs are those covering accommodation costs, general housekeeping (including food, cleaning and key household expenses), utility costs (such as water, electric, gas etc), clothing and shoes.

UKBA would consider the following as non-essential costs so could not be included:-
Social/Entertainment costs
Sports Club or other Club membership
Satellite/Cable TV
Alcohol/Cigarettes
Personal Services/Employees

Hope that gives some ideas



You both will need to make individual applications.
Is it okay that we share evidences? I mean, the bank we are using is my brothers account.
In terms of remittance receipts, he has all the receipts since he has started supporting us. What else can I present to support dependency? we don't have any receipt because the bill is not in our names.

[Terpe]

Is it okay that we share evidences? I mean, the bank we are using is my brothers account.
In terms of remittance receipts, he has all the receipts since he has started supporting us. What else can I present to support dependency? we don't have any receipt because the bill is not in our names.

1. Read the materials and links I provided.
2. Review the applications forms and guidance
3. Make an attempt to complete the forms and note the documentary evidence you have to support your answers

By doing that you'll have a much better idea of what information is needed and just what documents you have already and what documents need to be obtained.
Your EEA National sponsor needs to write a supporting letter indicating how you qualify as extended dependent.

You'll need to move fairly quickly as if you leave it too long after your EEA National sponsor arrived to UK your case of dependency will get weaker.

Good luck

[joebloggs]

https://www.whatdotheyknow.com/request/156896/response/389475/attach/5/Annex%20C%20Notice%2017%202012%20Extended%20Family%20Members%20FOI27127.pdf

One factor which will be
particularly relevant in carrying out this
assessment
if the relevant parties have not lived together in the same
country prior to their arrival in the UK and their only basis for dependency is financial (i.e money transfers from one country to another). In these circumstances
there is unlikely to be any reason why
the EEA national cannot continue to support the applicant whilst the
latter is abroad (e.g. by sending cheques). By refusing to issue the applicant with a residence card in such a case the free movement
rights of the relevant EEA national are unlikely to be
prevented, as the relationship can continue whilst the relevant EEA national is in the UK
and while the extended family member remains outside the UK.

[Terpe]

Quite right Joe.
There must be a real and genuine dependency.

The applicants need to prove the need to come to UK.

As I see it there are a couple of key paragraphs in the regulations that will be 'tricky/challenging':-

1. The extended family member must have established his/her dependency or household relationship on the relevant EEA national in the country from which the EEA national moved to the UK. This is consistent with the wording of Article 3(2) of the Directive, which states that the person must be a dependant or member of the household of the EEA national in the country from which they have come;

Depends on just how UKBA interpret that. If they mean actually risiding or not?

2. For family members, their dependency on the EEA national sponsor does not need to have existed before they came to the UK

Appears at first to be contradictary. But I guess it means what UKBA says it means :Erm:

Anyway, since the EEA Family Permit is free and quickly decided there's really nothing for the OP to risk or lose.
Better to go ahead and get refused than to not give the best shot at application.