Extended family members of EEA nationals route

[darmaan5]

I, 37 years old, from Bangladesh, came to the UK under HSMP in July 2007. Later moved to Tier 1 General and completed by 05 years stay and granted ILR in 2012. In 2013, I had been granted naturalization to become British national. I get married in late 2015. My wife is a Polish national. We are both working in our professional fields.

My sister XXX, 36, single, Bangladeshi national, currently in Poland studying in a Post graduate course. She is financially dependent on me, as I am paying for her study and maintenance. She is a qualified teacher in Bangladesh.

My quarry is, if I can apply for an Extended family members of EEA nationals route or any other route to help my sister to move to UK and pursue her career and settlement by means of my status or my wife status.

Many thanks for your time.

Kind regards

Darmaan5

[dan1988uk]

I, 37 years old, from Bangladesh, came to the UK under HSMP in July 2007. Later moved to Tier 1 General and completed by 05 years stay and granted ILR in 2012. In 2013, I had been granted naturalization to become British national. I get married in late 2015. My wife is a Polish national. We are both working in our professional fields.

My sister XXX, 36, single, Bangladeshi national, currently in Poland studying in a Post graduate course. She is financially dependent on me, as I am paying for her study and maintenance. She is a qualified teacher in Bangladesh.

My quarry is, if I can apply for an Extended family members of EEA nationals route or any other route to help my sister to move to UK and pursue her career and settlement by means of my status or my wife status.

Many thanks for your time.

Kind regards

Darmaan5

You are British citizen, you can not use EEA laws in the UK, I don't know if you can use EEA laws through your EEA wife to apply for an EEA family permit for EFM for your sister.

[CR001]

if I can apply for an Extended family members of EEA nationals route

My understanding is that you/she would have to prove dependency and member of same household as your EU spouse. Prior dependency/household in another state/country.

[secret.simon]

You are British citizen, you can not use EEA laws in the UK, I don't know if you can use EEA laws through your EEA wife to apply for an EEA family permit for EFM for your sister.

I think it is possible. The Lounes case suggests that one retains the advantage of EU freedom of movement law even after one has ceased to exercise them (by becoming a British citizen). One could extrapolate from that to argue that being a British citizen should not be a hindrance to the exercise of freedom of movement laws by an EEA spouse of a British citizen.

Be that as it may, your sister will still need to prove dependency on your Polish wife, the EEA citizen - see Page 14 onwards of the EEA Extended Family Members guidance.

[darmaan5]

Many thanks guys for your valuable advise.

[dan1988uk]

You are British citizen, you can not use EEA laws in the UK, I don't know if you can use EEA laws through your EEA wife to apply for an EEA family permit for EFM for your sister.

I think it is possible. The Lounes case suggests that one retains the advantage of EU freedom of movement law even after one has ceased to exercise them (by becoming a British citizen). One could extrapolate from that to argue that being a British citizen should not be a hindrance to the exercise of freedom of movement laws by an EEA spouse of a British citizen.

Be that as it may, your sister will still need to prove dependency on your Polish wife, the EEA citizen - see Page 14 onwards of the EEA Extended Family Members guidance.

But the Lounes case is referring to an EEA citizen who became British, the OP is a non EEA citizen who became British.

[secret.simon]

But the Lounes case is referring to an EEA citizen who became British, the OP is a non EEA citizen who became British.

Broadly the case I am making is that the Lounes case indicates that citizenship of a member-state cannot in any way hinder families moving under EU law to that member-state, if the EEA citizen has at some point exercised treaty rights in that member-state.

In this case, the Polish sister-in-law has exercised treaty rights in the UK and her rights under EU law (to be joined by members of her family) trump any restrictions placed on her British husband's sponsoring his family.