RC application for my sister under EEA rule

[Malon Tena]

Hi,

I am a German and my sister a non-EU citizen. She entered the UK illegally, but lives with me. She applied in 2010 for residency under EEA, but was refused, because according to UKBA:

she was unable to demonstrate any dependency on me, whether before or after arriving in the UK.

Would you advice her to re-apply, given the new ruling (i.e. Rahman (C83/11)). Is the new ruling of any good to her?

Thanks in advance.

[frei]

Not that I know about this rahman ruling but I do know the EU directive has not changed since your sister's previous application.

Please provide more information on the refusal notification and also the documents you submitted for the initial application.

[John]

From the UKBA website, as regards changes to the EEA regulations :-

The key changes to the regulations include:

• removal of the requirement in regulation 8(2(a) that an extended family member must have resided in a country in which the EEA national also resides. This gives effect to the Court of Justice of the European Union (ECJ) judgment in the case of Rahman (C83/11)

So does that help you?

[Obie]

If she is unable to demonstrate that she was dependent or member of your household before coming to the UK, then Rahman makes little or no difference to your case.


What Rahman removed, was the requirement that you and the dependent should have lived in the same state before coming to the UK for the dependent to qualify under the EEA regulations.

[Malon Tena]

Guys, thanks a lot for the clarification.