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Obie wrote:She cannot qualify for residence card.

An extended family member, cannot qualify solely on the basis of post entry dependancy.

Pre-entry dependancy is a prerequisite to qualifying.

Sb11 wrote:Hi all,

I am married to an Indian national who is fully independent with a good career and has completed five years of continuous stay in the UK on EEA Residence Card.

Her sister, also an Indian national and on Student's visa, is currently pursuing MBA and staying with us since past year.

We have been providing her full financial support all this time and my wife is really close to her given she is the only sibling she has. Their parents stay in India and are fully independent, well settled and were guaranteers for her sister's student loan.

My question is whether it is legal to apply for a EEA Residence Card for my sister-in-law while she is still in the UK on her student visa? Also, how to strengthen her application and avoid refusals? Lastly, are there any special routes of compassion that may allow such family connections to sustain?

Given the current state of economy, the disappearance of Post Study Work Visa, my sister-in-law will have to leave the country right after completion of her course. This would kick start the horrible process of her not being able to meet my wife and traveling miles each time. Their parents are fine to visit for long periods (months).

I am more than happy to have her around and provide her an opportunity to have a better future and be closer to her sister (my wife). Eventually of course she will move out but we wish to secure her future so family meetings would not become expensive affairs each year.

Your guidance will be appreciated!

Thanks

hummad21 wrote:
That rule ommitted in Nov 2012.

Correct rule is:

UK Implementation


Regulation 8 of the 2006 Regulations (which deals with extended family members)
implements this duty in the United Kingdom. Under Regulation 8 there are four kinds
of extended family member:

a person who is a relative of an EEA national or his/her spouse or civil
partner and who is financially dependent on the EEA national or is a
member of his/her household, and who either (i) is accompanying the
EEA national to the UK / wishes to join him there, or (ii) has joined him in
the UK and continues to be dependent on him or to be a member of
his/her household;

http://ukba.homeoffice.gov.uk/siteconte ... iew=Binary

Obie wrote:

hummad21 wrote:
That rule ommitted in Nov 2012.

Correct rule is:

UK Implementation


Regulation 8 of the 2006 Regulations (which deals with extended family members)
implements this duty in the United Kingdom. Under Regulation 8 there are four kinds
of extended family member:

a person who is a relative of an EEA national or his/her spouse or civil
partner and who is financially dependent on the EEA national or is a
member of his/her household, and who either (i) is accompanying the
EEA national to the UK / wishes to join him there, or (ii) has joined him in
the UK and continues to be dependent on him or to be a member of
his/her household;

http://ukba.homeoffice.gov.uk/siteconte ... iew=Binary

We are very much aware of the rule change. My post was not sent in ignorance of it, neither does it contradicts it in any way.

The fact remain that pre-entry and post entry dependancy or membership of the household is still a requirement.

That might change in the court of Appeal judgement in AO (Nigeria) and MU (Bangladesh) on Monday, but as things stand, that is the law.