# Non EEA national extended family members



## hardy04 (Mar 15, 2013)

My name is hardy and I'm currently living in uk on eea family permit. I was working in uk before but my wife is still working part time. My wife is eea national . She is exercising her treaty rights. Together we have 2 years old daughter who is also eea national. 

Recently, I lost my younger brother. So now I want my rest family members to live together in uk. 

My parents are running jewellery business from past 20 years in india. My elder brother is residing in canada and he got permanent residency of canada but he is indian national. 

My younger sister is pursuing law studies in india. She is about to finish her studies in next two years. 
All my family members are indian national except my wife who is excising her treaty rights in UK 

My parents age 52-53 years old

My elder brother is 29 years old and my younger sister is just 21 years old. My parents and sister are residing in india. Elder brother in canada. Me and my wife and daughter in uk. 

Can someone please suggest the best way how to bring my family to the UK. We can invest upto £300000 plus maintenance or more but not GBP1000000 .

I believe there are few options. 
Investors category
Entrepreneur category or if my wife can sponsor my entire family. 
Or any other category.

Guys please help me and my family, I will really appreciate your help and suggestions. 
God bless
Hardy


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## Pultet (Sep 17, 2013)

I wish i know what to advise but hoping someone from the forum can give you advice... Goodluck


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## Joppa (Sep 7, 2009)

I suppose your parents can try getting Tier 1 entrepreneur visa. Look at the requirements in UK Border Agency | Tier 1 (Entrepreneur) plus separate guidance.
Your brother and sister have to qualify for a visa in their own right, such as Tier 2 General or Tier 4 student (e.g. for higher degree).


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## hardy04 (Mar 15, 2013)

Joppa said:


> I suppose your parents can try getting Tier 1 entrepreneur visa. Look at the requirements in UK Border Agency | Tier 1 (Entrepreneur) plus separate guidance.
> Your brother and sister have to qualify for a visa in their own right, such as Tier 2 General or Tier 4 student (e.g. for higher degree).


any chance that my younger sister can come to UK without student visa or tourist visa?
Like I said, my wife is eea national who is exercising her treaty rights also I will also start working soon. can my wife sponsor my sister ? or my sister can come to uk on family visitor visa which is for six months and later she can switch to different category?

Really thanks a lot for help...... Me and my family is going through very hard time...
God Bless everyone !


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## Joppa (Sep 7, 2009)

No, your wife can't for two reasons. Your sister is 21 and she isn't financially dependent on you or your wife (i.e. being sent regular remittances to sustain her life and study in India). Even if she is, the fact she isn't living with you or your wife will make it very difficult.
Your sister can't switch out of a visit visa to residence card under EU rules because she isn't eligible for one. Sending a lump-sum gift of money doesn't prove dependency. So your sister has to qualify for a visa in her own right, as I have said.


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## vereart (Sep 30, 2013)

One more question, is there any way how the brother (CA res. card) can help his father to establish business? I'm afraid he can't go under Tier 1 general as he doesn't have college degree or any special skill. He has lots of work expiriences though but not sure if that counts. Can he come as an employee of that newly established business? Or maybe a business partner?


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## Joppa (Sep 7, 2009)

Who are you, vereart? Are you a relative of hardy04, or are you asking a fictitious question?
He can only apply for Tier 1 entrepreneur visa in his own right with £200k disposable capital. He can't come as employee as he first needs to be sponsored by the new business and they have to advertise the post and show no suitable applicant has come forward.


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## vereart (Sep 30, 2013)

Sorry i didnt introduce myself. Yes we are related. Thanks for your help


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## hardy04 (Mar 15, 2013)

Joppa said:


> Who are you, vereart? Are you a relative of hardy04, or are you asking a fictitious question?
> He can only apply for Tier 1 entrepreneur visa in his own right with £200k disposable capital. He can't come as employee as he first needs to be sponsored by the new business and they have to advertise the post and show no suitable applicant has come forward.


hi,

It is possible if my wife who is eea national, can prove that she is self sufficient and she can look after my parents and my brother and sister who are 30 and 21 respectively.

Self sufficient category is possible? I can show in my bank that we have enough money to support other family members.

Thanks alot in advanced for help 

Hardy


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## Hertsfem (Jun 19, 2013)

I think these questions have already been answered if you scroll up...


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## Joppa (Sep 7, 2009)

Self-sufficiency only covers direct family members such as spouse, partner or children. For extended family members, you need to show they have been dependent on you financially (i.e they would have been destitute without your monetary support), have probably lived with you prior to your moving to UK and will continue to need your support. I don't think this applies to your case so the answer is no.


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## hardy04 (Mar 15, 2013)

I think there is a difference between self sufficient category and dependant category. I got my eea family permit visa by showing my wife self sufficient. I applied from india and my visa was granted within a month. I just want to know if this same category I can apply for my rest of family members. Also I was looking at UKBA website they says eea national can bring extended family members above 18 years under self sufficient category. 
Please help. 
God Bless


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## hardy04 (Mar 15, 2013)

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 
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.
2EC law now recognises “durable relationships”. For this reason an applicant may also be considered under regulation 8 if s/he:
Is the EEA national‟s partner (other than a civil partner) and can show the decision maker that s/he is in a durable relationship with the EEA national.


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## Joppa (Sep 7, 2009)

> Evidence of *dependency *is required for children over the age of 21, and for parents and grandparents of either an EEA national, their spouse or civil partner to allow them to be considered as direct family members.


And for siblings,


> An applicant must show they are a relative of an EEA national, their spouse or civil partner, and:
>  were residing in a country other than the UK
>  is dependent on the EEA national or is a member of their household
>  is accompanying or joining the EEA national in the UK, and continues to be dependent on the EEA national or a member of the EEA national’s household
> ...


http://www.ukba.homeoffice.gov.uk/s...a-swiss-ec/eea/eea-family-permits?view=Binary


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## hardy04 (Mar 15, 2013)

It says there is no dependancy test if someone can prove that eea national was staying under same roof before coming to uk. I can prove this because my wife was staying with my family in india before moving to uk.


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## Joppa (Sep 7, 2009)

In any case, your siblings fail the test on financial dependency and needing personal care grounds (with some exceptions). I think you are misinterpreting the rules about dependency. It is required in every case for extended family member.
Also read http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter5.pdf?view=Binary Section 5.1.2 on dependency.


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## AmyD (Jan 12, 2013)

It says if they were staying under the same roof OF THE EEA NATIONAL. Were your parents living with your wife in your wife's country? If not, it doesn't apply.


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## Joppa (Sep 7, 2009)

Yes, the sort of situation envisaged is if your Indian parents are already living with your wife in Germany, for example, and she is moving to UK and wishes to bring them to UK as well.


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## hardy04 (Mar 15, 2013)

guys I really appreciate for your support and help....

I was wondering, is it possible my all family members can come to UK on tourist visa and then apply for entrepreneur category? 
I can show available funds and other supporting documents. I understood that my sister and brother have to apply for visa on their own. Is it possible if I can introduce my brother or sister as a business partner then apply for tier 1 category within UK.

Thank You very much for help and support

God Bless everyone....


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## Joppa (Sep 7, 2009)

You can't to switch out of a visit visa. Any application has to be made in their home country.
There is no such category as business partner. There is entrepreneur and investor, both with strict financial and other criteria which each of your siblings has to meet in full. So the only realistic long-term solution is if they qualify for Tier 2 General sponsored visa, provided they qualify for shortage occupation or can be transferred by current employer to their operations in UK. Or if they fall in love with UK, EEA or settled person. There are still arranged marriages concluded between people in UK and India.


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