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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i am an international student here in the united kingdom. due

Resolved Question:

i am an international student here in the united kingdom. due to the removal of work right, my Uncle who is an EU citizen has been providing for my living expences. however, he is trying to extend his help to make me his dependant that is allowed by EU law. this will give me the benefit of 5yrs visa with work right, but my fear is as an international student, am i aligible for dat? will it be a success? i have every prof to show that he is supporting me.
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi

How old are you please?

Tom
Customer: replied 2 years ago.


i am 23yrs

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question.

You are obviously not automatically entitled to apply for a family permit on this basis because you are not the child or the EEA national.

In order for other persons to apply for a family permit then they have to show that they are financial dependent upon the EEA national and that they have not formed a separate family unit.

Financial dependency would mean that you are wholly or substantially dependent upon the EEA national to live. For example this would mean that you cannot work and earn money to live yourself.

You are also regarded as an adult for the purpose of the immigration rules. You are 23 and are independent because you have been able to secure yourself a student visa on your own, arrange your own studies and accommodation. These circumstances do not show that you are dependent in any family or life structure sense on your uncle, it shows the opposite – that you are independent.

On the facts I really don’t think you will be successful. Sorry it could not be better news but I don’t want you wasting time and money on making the application, which I hope you are able to appreciate.

Sorry it could not be better news.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6520
Experience: BA (Hons), PgDip, Practising Solicitor
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