Extended Family Members of EEA Nationals who Require the Personal Care of the EEA National (2 of 4)
There are two types of family members of an EEA national: direct and extended. In my previous videos I’ve explained the direct family category, which was about spouses, descendants and dependant direct relatives in the ascending line. I’ve also explained and the rights of category 1 from the extended family group.
Although extended family members have the same rights as direct family members, their rights to enter and reside in the UK are not automatic and must be proved by the way of obtaining either an EEA family permit or a registration certificate. Alternatively, they can provide a residence/permanent card or a document certifying permanent residence.
In today’s video I’ll explain the second category of the extended family members group. It is for a relative of an EEA national who strictly requires the personal care of the EEA national due to serious health grounds.
The ‘serious health grounds’ need to be significantly beyond ordinary ill health. A relative, who applied, will need to provide detailed medical evidence to prove that:
‘personal care’ is being provided on a day to day basis and relate to the physical or mental tasks and needs; and
the term ‘strictly’ one must interpret restrictively. This is to emphasise the need for the personal care to be provided on a day to day basis.
The threshold in these types of case in quite high.
For this reason, together with the application, you should consider submitting a a number of documents. This should include a very detailed medical report showing the EEA national’s relative’s medical condition and the type of personal care they need. The evidence provided must also demonstrate the level of care needed and how this will be provided.
For example, there are claims when an EEA nationals should provide daily care. However the EEA national relative’s home is a long distance away from the EEA national’s home. In this case the relevant EEA national will also need to show how this care will be provided despite the distance.
If the EEA national’s relatives have this evidence to confirm they meet these conditions then they are likely to succeed. The Home Office will recognise them as extended family members of an EEA national as result.
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