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EEA Family Permit for dependents

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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beeandalex
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EEA Family Permit for dependents

Post by beeandalex » Mon Jan 27, 2020 12:08 am

Hi all. Here's my situation:

- British citizen married to Cambodian citizen
- Been living in Malta 4 years
- Applying for EEA Family Permit for my wife under Surinder Singh

I noticed that there seem to be some provisions for dependent family members that we may be able to take advantage of. Situation on that front:

- Both of my wife's parents are in their 40s, and there is one sibling aged 15 who would also need to come
- Her parents rely on us for monthly rent payments covering the family accommodation
- We also pay school fees for the sibling
- The payments are sent via Revolut but the account is not in their name

My questions:

1. Is this a situation which can enable us to bring my wife's sibling and parents to the UK under EEA rules?
2. Is it something I would need to do sooner rather than later?
3. If I don't mention them as dependents on my wife's EEAFP application, will this disqualify them from being treated as such if we choose to apply later?

Thanks in advance!

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ALKB
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Re: EEA Family Permit for dependents

Post by ALKB » Mon Jan 27, 2020 11:36 am

beeandalex wrote:
Mon Jan 27, 2020 12:08 am
Hi all. Here's my situation:

- British citizen married to Cambodian citizen
- Been living in Malta 4 years
- Applying for EEA Family Permit for my wife under Surinder Singh

I noticed that there seem to be some provisions for dependent family members that we may be able to take advantage of. Situation on that front:

- Both of my wife's parents are in their 40s, and there is one sibling aged 15 who would also need to come
- Her parents rely on us for monthly rent payments covering the family accommodation
- We also pay school fees for the sibling
- The payments are sent via Revolut but the account is not in their name

My questions:

1. Is this a situation which can enable us to bring my wife's sibling and parents to the UK under EEA rules?
2. Is it something I would need to do sooner rather than later?
3. If I don't mention them as dependents on my wife's EEAFP application, will this disqualify them from being treated as such if we choose to apply later?

Thanks in advance!

Surinder Singh only works for family members that have lived in the EU host country with the British national.

So, your in-laws and your brother-in-law would have to first move to Malta and establish residence there under EU law, 'strengthen family bonds' and generally spend some time living there with you before you move back to the UK.

It doesn't sound like you'd have time for this but you can always try.

Not sure how strict Malta is regarding evidence of dependency, especially for the brother.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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Zerubbabel
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Re: EEA Family Permit for dependents

Post by Zerubbabel » Mon Jan 27, 2020 2:20 pm

Hello

As a British Citizen living in the UK, you cannot in principle invoke EEA immigration routes for your relatives. There are a few exceptions due to specific ECJ rulings such as Surinder Singh.

Surinder Singh allows you to come back to the UK from EEA and bring with you the non-EEA people who were part of your household there. Typically, they would have lived with you in EEA and would hold Article 10 cards there. So that route applies to your wife but cannot be extended to other family members who didn't live with you in Malta under EEA regulations.

But even if you were EEA, it doesn't mean you are automatically entitled under EEA routes to bring one or multiple families to the UK. Extended Family applications have always been difficult with a high risk of refusal. A strong application for a single person in peculiar circumstances might work, but for an entire household of extended family members, it seems a bit far fetched.

You have also to consider the meaning for "dependency" between Cambodia and the UK. If you are currently sending £200/month to support them, in the UK it means £2000 or £3000/month to sustain 2 x 40 years old + 1 x 15 years old. I don't know a lot of people with such disposable income.

Obie
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Re: EEA Family Permit for dependents

Post by Obie » Mon Jan 27, 2020 3:02 pm

Zerubbabel wrote:
Mon Jan 27, 2020 2:20 pm
Hello

....
You have also to consider the meaning for "dependency" between Cambodia and the UK. If you are currently sending £200/month to support them, in the UK it means £2000 or £3000/month to sustain 2 x 40 years old + 1 x 15 years old. I don't know a lot of people with such disposable income.
What test is that?,

The EU law test is whether the support you provide is required to meet essential needs.
Smooth seas do not make skilful sailors

beeandalex
Newly Registered
Posts: 13
Joined: Thu Jan 01, 2015 11:26 pm

Re: EEA Family Permit for dependents

Post by beeandalex » Thu Jan 30, 2020 12:36 am

Thanks everyone, I appreciate the help. Looks like a no-go for now though.

beeandalex
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Posts: 13
Joined: Thu Jan 01, 2015 11:26 pm

Options for 16-yo brother-in-law

Post by beeandalex » Mon Oct 26, 2020 5:23 am

Our situation:
- UK citizen (me) and Cambodian spouse living in UK after returning to UK under Surinder Singh.
- Awaiting Pre-Settled Status for 6 months.
- Lived in Malta 4 years before returning.

The intention:
- Spouse has a 16-year old brother and we would like him to join us in UK.
- We have been paying his school fees and the rent for his family home for a number of years, using a Revolut account in my wife's name.

The questions:
- Are there any routes available to us which would achieve this aim, EEA or otherwise?
- If we were to return to Malta (our host state), or another EU country (i.e. Spain), would that help?

Thank you in advance.

beeandalex
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Posts: 13
Joined: Thu Jan 01, 2015 11:26 pm

Re: Options for 16-yo brother-in-law

Post by beeandalex » Mon Oct 26, 2020 5:43 am

Forgot to ask, would there be any benefits in us going back to Malta to get permanent residence there?

euspouse07
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Re: Options for 16-yo brother-in-law

Post by euspouse07 » Mon Oct 26, 2020 8:08 am

No harm to explore the EEA FM but you are running out of time.you should have explored that route while living in Malta.
You can also check if you can still explore the route in Malta

JB007
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Re: Options for 16-yo brother-in-law

Post by JB007 » Mon Oct 26, 2020 9:13 am

beeandalex wrote:
Mon Oct 26, 2020 5:23 am
The questions:
- Are there any routes available to us which would achieve this aim, EEA or otherwise?
Nothing has changed from when you were asking in January, when you were still in Malta.
eea-route-applications/eea-family-permi ... l#p1872031
beeandalex wrote:
Mon Oct 26, 2020 5:23 am
- If we were to return to Malta (our host state), or another EU country (i.e. Spain), would that help?
What about the pre-settled status your wife is now waiting for under the Surinder Singh route?

vinny
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Re: EEA Family Permit for dependents

Post by vinny » Mon Oct 26, 2020 9:39 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

beeandalex
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Posts: 13
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Re: Options for 16-yo brother-in-law

Post by beeandalex » Mon Oct 26, 2020 2:06 pm

JB007 wrote:
Mon Oct 26, 2020 9:13 am
beeandalex wrote:
Mon Oct 26, 2020 5:23 am
The questions:
- Are there any routes available to us which would achieve this aim, EEA or otherwise?
Nothing has changed from when you were asking in January, when you were still in Malta.
eea-route-applications/eea-family-permi ... l#p1872031
beeandalex wrote:
Mon Oct 26, 2020 5:23 am
- If we were to return to Malta (our host state), or another EU country (i.e. Spain), would that help?
What about the pre-settled status your wife is now waiting for under the Surinder Singh route?
Previous post was locked and I'm now only asking about her brother 🙂

Since time is running out for EEA routes, are there any UK visa routes available for this sort of thing?

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