In European cases, it is now possible for Europeans settled in the UK to sponsor non-European Union (EU) family members from countries outside the European Economic Area (EEA), such as Pakistan or India. The rules on visa applications to bring extended family to live in the UK vary depending on the family member’s country of origin and the nature of the relationship.
There is a general right to live and work in the UK for nationals of countries in the EU, EEA and Switzerland, dependent on the European national showing that they will be working in the UK or will otherwise be able to support themselves and their family without the need for public funds.
For the purposes of Regulation 8, ‘extended family members’ are defined as more distant family members of the EEA national or of his spouse/civil partner who can demonstrate their dependence on their aforementioned relatives. ‘Extended family members’ may also be partners who, while not being in a civil partnership with the EEA national, can nonetheless show that they are in a “durable relationship” with them.
There are certain conditions that extended family members must fulfil with regard to dependency. First of all, his or her dependency on the EEA national must have been established in the country from which the EEA national moved to the UK, in accordance with the wording of Article 3(2) of the Directive.
That dependency must have been present either immediately or very recently prior to the EEA national’s arrival in the UK, and the extended family member must have also come to the UK simultaneously with the EEA national, just before or very recently thereafter.
Within the Free Movement Directive’s Article 3(2) is provision for Member States to facilitate entry and residence for other family members who, on serious health grounds, strictly require personal care by the Union citizen.
Four types of extended family member are covered by Regulation 8. The person may be related to the EEA national or his/her spouse and be financially dependent on the EEA national or be a member of his/her household. Such a person may be accompanying the EEA national to the UK or wish to join them there, or they may have already arrived with them in the UK and remain dependent on them or a member of their household.
Other kinds of extended family member include relatives of the EEA national or their spouse or civil partner who are in strict need of personal care from the aforementioned parties. A person may also qualify if they are related to the EEA national and would meet the Immigration Rules requirements, as well as if they are a partner of the EEA national and can prove a durable relationship with them.
Those seeking to apply for a residence card as an EEA national’s extended family member are advised to contact the seasoned and knowledgeable immigration solicitors of Farani Taylor for suitably tailored advice.