Extended Family Members of EEA Nationals in the UK (3 of 4)

Extended Family Members of European Economic Area (EEA) Nationals, Category 3

 

Extended Family Members of EEA Nationals in the UK: I would like to start by explaining the important difference between two types of family members of an EEA national: direct and extended.

First of all, extended family members must be treated as family members for UK Immigration purposes only if they have proven

their right to enter or remain in the UK by way of getting one of these documents: an EEA family permit, a registration certificate or a residence card and continue meeting the necessary conditions for remaining in the UK.

In my previous videos I’ve covered all categories of direct family members as well as the first two categories of the extended family group. In today’s video I’ll concentrate on explaining the rules for the extended family group No3.

According to the rules, a person will be recognised as an extended family member if they can prove that they would otherwise meet the Immigration Rules for Indefinite Leave to Remain (ILR) as the dependent relative of a person present and settled in the UK.

At first you may think that category No3 is very similar to category No2. After all, in category No2 extended family members are also required to show that they strictly require the personal care of the EEA national due to serious health grounds. However, the similarity probably ends there and here is why: in order of a dependant relative to meet the Immigration Rules in the dependant relative category, they have to, among other things, meet the eligibility requirements, which consist of three parts:

1) relationship requirements

2) care needs requirements

3) financial requirements

 

Let us begin with the

Extended Family Members of EEA Nationals in the UK (3 of 4): relationship requirements

 The EEA national’s relatives in this category can only be:

(a) a parent aged 18 years or over;

(b) a grandparent;

(c) a brother or sister aged 18 years or over; or

(d) a son or daughter aged 18 years or over.

 

No other relatives can apply in this category.

 

Extended Family Members of EEA Nationals in the UK (3 of 4): care needs requirement

is a twofold test:

First of all, the relative will need to prove that:

1. as a result of age, illness or disability they require long-term personal care to perform everyday tasks; AND, most importantly, that
2. this relative is unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where s/he is living, because:

(a) it is not available and there is no person in that country who can reasonably provide it;

or

(b) it is not affordable.

In conclusions, we should discuss the last element. The financial requirement element:

Extended Family Members of EEA Nationals in the UK (3 of 4): financial requirements

Furthermore, the EEA national’s relative must provide evidence confirming that the relevant EEA national will support him/her adequately. Additionally that s/he will accommodate and care for him/her in the UK, without recourse to public funds.

 

In my next video I’ll compare the two groups of the extended family members (No2 and No3). Also, I’ll explain why it is significantly more beneficial for anyone to apply under group No2 and not under group No3.