Extended Family Members

Extended Family Members

Who are considered as family members ?

Regulation 8 defines extended family members as;

  1. Distant family members related to the EEA national or to his or her spouse/civil partner who can prove they are dependent.
  2. Partners who can demonstrate a form of 'durable relationship' with the EEA national without it being a civil partnership
  3. Unlawful stay: 14 years
  4. Tier 1 and Tier 2 work permit: 5 years
  5. Investor, sportsperson, business owner, arts: 5 years
  6. Ancestry: 5 years

Extended Family Members

  1. Children above 21 years of age
  2. Siblings
  3. Cousins
  4. Aunts
  5. Uncles
  6. Unmarried partners

The Member States are supported by Article 3 (2) of the Free Movement Directive to facilitate entry and residence which is in concurrence with their national legislation for;

Any other family members, regardless of nationality, not falling under the definition of Article 21 (2) who, in their home country, are either dependents or household members of the Union citizen who has the primary right of residence in the UK or due to serious health issues the Union citizen requires personal care from the family member", and "the attestation of a durable relationship existing between the partner and the Union citizen".

There are four descriptions under Regulation 8 which declares an extended family member as:

  1. An individual who is related to and financially dependent on the EEA national or to his or her spouse/civil partner or the individual is a member of the EEA national's household who has either:
    1. Joined the EEA national in the UK and has continued to be a dependent on him/her or has joined him/her to be a member of their household;
    2. Has come with the EEA national to the UK or desires to join him or her here.
  2. An individual who is a relative of and strictly requires the personal care of the EEA national or of his or her spouse/civil partner due to serious health issues that the individual may have.
  3. An individual who would gather together the necessary requirements (except for those in relation to entry clearance) of the Immigration Rules for ILR as a dependent relative of the EEA national where such a person is present and has remained in the UK.
  4. An individual who is not a civil partner but can prove that he or she is in a different kind of partnership or in a durable relationship with the EEA national.

Please note that an individual has no rights deriving for the EU law until he or she has been acknowledged as an extended family member and has been issued

Prior legal residence in the UK is not a requirement of this application and as such any one residing in the UK who is an eligible extended family member of a qualified EEA national, is able to make an application under the EEA regulations.

How can the Extended Family Members obtain a Residence Card?

Here we would like to quote a very useful decision of the Upper Tribunal (Immigration and Asylum Chamber) i.e. Dauhoo (EEA Regulations – reg 8(2)) [2012] UKUT 79 (IAC)

Under the scheme set out in reg 8 (2) of the Immigration (European Economic Area) Regulations 2006, a person can succeed in establishing that he or she is an “extended family member” in any one of four different ways, each of which requires proving a relevant connection both prior to arrival in the UK and in the UK:

  1. prior dependency and present dependency
  2. prior membership of a household and present membership of a household
  3. prior dependency and present membership of a household
  4. prior membership of a household and present dependency

It is not necessary, therefore, to show prior and present connection in the same capacity: i.e. dependency- dependency or household membership-household membership ((i) or (ii) above). A person may also qualify if able to show (iii) or (iv).

Though the Ld. Immigration Judge clearly explained how an extended family member can succeed in obtaining family permit or residence card, but it certainly does not make it an easy task.

It is important to note that even a small mistake / omission may result in refusal or rejection of the application made under EEA regulations or dismissal of the appeal / judicial review claim, resulting in making it even more complex. It is therefore strongly advised to take professional representation and leave this matter in our capable hands.

Why You Should Contact International Immigration Regarding This Case?

Ms Maeda Mobayyen, Principal Solicitor at International Immigration, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws.

Whether you are a small to medium sized business in need of skilled workers in your UK office, or a global corporation that need to transfer staff from one country to another, our specialist team of immigration solicitors can help.

We have the benefit of regulation with the Office of Immigration Services Commissioner (OISC).

Our solicitors combine an in-depth knowledge of the law and its practical application to your case, with a firm belief in your right to legal assistance and to committed representation throughout your matter. Our solicitors place service to the public above all else and are able to advise on the best possible course of funding in the event you do not qualify for legal aid. Our rates are competitive and we can also explore the opportunity to fund your case on a fixed fee basis.

Our Immigration Solicitors will provide the best possible Immigration advice / consultation under direct supervision of Maeda Mobayyen.

After consultation, if you wish us to start preparing your case, you can expect the followings from our us:

  1. Our immigration solicitors will discuss the details about your immigration case, assess and advise you on the law, procedure and other requirements for the process.
  2. Our immigration solicitors will liaise with the immigration officer for expeditious decision on the application;
  3. Our immigration solicitors shall keep you updated on the progress of your immigration matters.
  4. Our immigration solicitors will advise you about the implications of the Home Office decision on your application.
  5. Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application for retaining your right of residence;

    Our immigration solicitors are specialist immigration solicitors who are able to handle all types of immigration work including

    1. Immigration bail applications
    2. Immigration Appeals
    3. Judicial Reviews
    4. Indefinite Leave to remain applications,
    5. further leave to remain applications,
    6. EEA applications
    7. Settled and Pre-settled applications
    8. entry clearance applications,
  6. Our immigration solicitors are some of the best solicitors in London.
  7. Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application for retaining your right of residence;
  8. In International Immigration we have been teamed up with the some of the best immigration barristers in and outside London who are specialist in immigration matters.
  9. We will help you pay the spouse visa application fee and the Immigration Health Surcharge (IHS) for the spouse visa application;

You can reach International Immigration on 07587691074 or info@internationalimmigration.co.uk

We Will Handle Your Case As If Its Our Own!