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Thegonnec
Thegonnec, Judge
Category: European Law
Satisfied Customers: 1344
Experience:  Judge with Paris Industrial Tribunal (Conseil de Prud'hommes de Paris)
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family member of an EEA &EU national rights

Customer Question

Just I want to know what is the benefits I will get as being family member(brother or parent) to on Eu citizen or EEA cities as I have one British sister living in Uk London , (family member of an EEA national rights, family member of an EU national rights) I am not EU citizen neither EEA citizen but one family member (sister )she is EU citizen and EEA citizen holding British citizen But I am Palestinian holding Syrian documents, even I am not consider Palestinian as I am not holding Palestinian passport and even not Syrian but this refugee documents(but name is passport ) given to us by Syrian Authority , my passport not in the list so sometime I chose Syrian and sometime Palestinian


 


Note: I have UK family visa on my passport vialed for 5years and I traveled to Uk many time and even I am traveling to Europe from time to time but each time I need to apply for Visa , tell me what is befits that I can get in case I am dependent on my sister and in case I am not dependent on my sister , I heard that I can travel to Europe without need for visa (freedom movement ) and I have the right to resident in Europe, should I have to get Residence card of a family member of a Union citizen or EEA citizen or there is no need as UK is part of EEA country list and also member of EU ? it seems to be very complicated to understand the law so I need to consult some one expert in EU law


 


 Note : my sister is Not working she is house wife , her husband is working only


 


Thanks

Submitted: 1 year ago.
Category: European Law
Expert:  Ronan replied 1 year ago.
If you are a national of an EU member state, or of Iceland, Liechtenstein, Norway or Switzerland, your family, whatever their nationality, also have the right to live with you in Ireland. Your "family" is defined as your spouse, civil partner, children under 21 and other children who are dependent on you and their spouses or civil partners, your parents and your spouse or civil partner's parents, if they are also dependent on you.

You unfortunately do not come within that definition of family and so don't have a right of residence in the EU on the basis that your sister is an EU citizen.

You can however apply for other visas such as a working visa or student visa is you can fit the criteria. Alternatively you can seek to claim refugee status
Customer: replied 1 year ago.

 


Thank you , i am not EU national, it’s my sister who is EU national,


 


you are right I don’t come under definition of family but I came under something called extended family members and as I know that extended family member will have the right of free movement and right of residence in EU if I am depending on her … could you please explain to me

Expert:  wendy-Mod replied 1 year ago.

Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy

Expert:  Thegonnec replied 1 year ago.
To benefit of the right to reside and move in the EU as an extended family member you need to prove that you are dependent on your sister and that it is not a choice. This means that you can prove that due to some mishap (disability, accident,...) you cannot care for yourself. Honestly, you would be better advised to try and obtain another type of visa as the other expert pointed out.
Customer: replied 1 year ago.


thank you Thegonnec ,


 


What kind of documents that can be provided as an evidence for dependency on the EEA or EU national


 


it mentioned in first answer that parents considered as family or they came under family definition if they are dependence so what benefits they got from freedom movement and right of residence and how they can get the Residence card of a family member of a Union citizen or EEA national ,(procedure to obtain this card ) they will only get from UK as they my sister is British citizen and living there or they can get the Residence card from other Europe country like exa


: France , Norway ,etc.


For freedom movement , how it works to get benefits from this , should my parents traveling with my sister to get benefits of this or they can travel them self , should they have the Residence card of a family member of a Union citizen or EEA national to be able to travel to Europe or it is not important , I heard it’s not important to have the Residence card even If they came to the border point , and they don’t have the documents or identity card the offer should give them the enough time to prove the relationship with EU or EEA national citizen . is that right ?

Expert:  Thegonnec replied 1 year ago.
Once you have a residence card in the EU, you can travel freely within the EU/EEA area. yet if you obtain it as a dependent of an EU citizen, you can settle elsewhere than where she lives.
To obtain this resident as status as extended family member you need to show all documents (medical or otherwise) showing that you cannot live on your own, have to live with your sister as you have no other close family who can support you, and that you really are unable to care for yourself. As an adult, unless deficient in some capacity, it is extremely difficult to obtain. There is no set list of documentation as this is an assessment that will be made by the authorities of the country in which your sister lives. They may have you examined medically if required.
The application should be made before entering the country in which you want to settle. Otherwise you face the risk of being turned down at the border. Or to have to apply for refugee status but this would be a totally different procedure.
Customer: replied 1 year ago.

"The application should be made before entering the country in which you want to settle" let say that I want to settle in France so should I make application for residence card in France or in UK or I should apply to the Uk and after getting the card then I can moved to the country I want to settle ?


 


Should I apply through the embassy where I live right now ? Example , France embassy or I should apply through British embassy as my sister is British citizen


 


" as this is an assessment that will be made by the authorities of the country in which your sister lives." " The application should be made before entering the country in which you want to settle" how come that application will be submitted in country that I want to settled in and you said before that an assessment will be made by authorities in the country where my sister live (in my case UK ) I am confused ??


 


As you mentioned that It could be difficult for me to show the evidence of dependency as I am extended family member over 21


 


But what about parents , did they come under family definition , I think yes ? so if yes did they still need to provide evidence for dependency ?


 


How I can start applying for the card , What documents that I need to prepare for residence card ,example : parents passport , sister passport .etc….


 


Last thing , "' Otherwise you face the risk of being turned down at the border." Is't mean maybe they will allow me to enter and maybe no ?


 

Customer: replied 1 year ago.
Relist: Incomplete answer.
I am waiting for long time since I reply to the expert answer and I am still waiting and he didn't get back to me . if he will not answer me then I will try to find someone else who can answer me
Expert:  Thegonnec replied 1 year ago.
Sorry for the delay but I was away for a few days.
The application should be made to a British Consular Officer in the country in which you reside before you attempt to reach the UK.
The requirement for the parents are just the same.
To start the process, you need to request an interview with the British Consular authorities in your country of residence. You will need to show all documents showing:
- the family link with the EU national (your sister): birth certificates, passports, residence cards.
- proof of the state of dependency
- proof that your sister has sufficient means to support you or your parents and that you will not become dependent on welfare.
The consular officer will make his/her own assessment of all elements before granting or denying the visa.
Without this visa you will be denied entry in the United Kingdom and face deportation to your country of origin.
Customer: replied 1 year ago.
The application should be made to a British Consular Officer in the country in which you reside before you attempt to reach the UK.
For example if I want to settled in France the application should be made to a British Consular Officer in the country in which I reside or it should be made in the France Consulate in the country I live now ? or it can't be made at France at all, because my sister live in UK

proof of the state of dependency

for this you should tell me this which mentioned UKBA but didn’t do

2.4 Extended family members
Regulation 8 of the 2006 Regulations covers extended family members (for example,
brothers, sisters, aunts and cousins). It also covers direct family members (such as
parents or children over the age of 21) who have failed to provide evidence of financial
dependency.
An applicant may be considered under regulation 8 of the 2006 Regulations if s/he falls
within any of the following conditions (see overleaf):

Was living as part of the EEA national‟s household in an EEA state before
the EEA national came to the United Kingdom¹; or
Is living as part of the EEA national‟s household in the United Kingdom; or
Has joined the EEA national in the UK and continues to be dependent on
the EEA national or his/her spouse (see section 2.3.2); or
Strictly requires personal care from the EEA national on serious health
grounds; or
Can prove that s/he is in a durable relationship with the EEA national²

¹Note: there is no dependency test for persons who can show that they have lived under the same roof as
the EEA national before coming to the UK.

Without this visa you will be denied entry in the United Kingdom and face deportation to your country of origin.

I mentioned in my question a note that I have Uk family visa valid for 5 years , so there is no for visa , but my question was if I am right now in UK and want to travel with my sister to France as example , will be allowed to travel without visa ?

It mentioned in "A Guide to your rights as an EU citizen"

Passport without a visa?
Your family members cannot be automatically turned back at the borders if they do not
have a valid passport or, if required, an entry visa, as long as they are able to prove their
identity and family ties with you.

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