Non EEA Family Member

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  • #35361
    jmosavat1
    Participant

    Clmt is Ghanian and came to UK as daughter of EEA National (Dad). Residence doc confirm clmt has permission to work. Clmt (over 21) no longer lives with Dad. Dad is still resident in UK believed to be exercising a treaty right. Clmt works and is not financially dependant on Dad. Can she claim or does she fall fowl of the word “dependent” i.e. she is no longer financially reliant on Dad and lose status of being a family member and R2R?

    #99153
    Anonymous
    Guest

    Yes, I think that’s how it is.

    She is not dependant, so no longer a current family member; nor does she come under Articles 12 and 13 of the Directive that protect stranded family members when the principal EEA national dies, divorces them or leaves the country.

    The logic is (putting it rather bluntly): if she came here to be with her dad, but now she isn’t with her dad, why can’t she go home? She has no intrinsic rights of her own in this country.

    #99154
    jmosavat1
    Participant

    Article 2 (c) states family members who are “dependent” but makes no mention that that dependency has to be of a financial nature.
    Could it be any other type of dependency?

    #99155
    Anonymous
    Guest

    If you can spare the time, have a look at CIS/2100/2007 where Judge Jacobs undertakes a comprehensive review of the ECJ case law on family members. Three cases in particular are studied: Jia, Chen and Lebon. The conclusion drawn is that the family member must be materialy dependant in that support is provided for the necessities of life. It might be provided in kind, or it might take the form of money to pay for necessities. But if your claimant is living independently from her father and receiving neither money nor food and shelter in kind she probably won’t satisfy the requirement.

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