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7. “Family member”
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9. Family members and extended family members of British citizens

“Extended family member”

This section has no associated Explanatory Memorandum

8.—(1) In these Regulations “extended family member” means a person who is not a family member of an EEA national under regulation 7(1)(a), (b) or (c) and who satisfies a condition in paragraph (1A), (2), (3), (4) or (5).

(1A)  The condition in this paragraph is that the person—

(a) is under the age of 18;

(b) is subject to a non-adoptive legal guardianship order in favour of an EEA national that is recognised under the national law of the state in which it was contracted;

(c) has lived with the EEA national since their placement under the guardianship order;

(d) has created family life with the EEA national; and

(e) has a personal relationship with the EEA national that involves dependency on the EEA national and the assumption of parental responsibility, including legal and financial responsibilities, for that person by the EEA national.

(2) The condition in this paragraph is that the person is—

(a) a relative of an EEA national; and

(b) residing in a country other than the United Kingdom and is dependent upon the EEA national or is a member of the EEA national’s household; and either—

(i) is accompanying the EEA national to the United Kingdom or wants to join the EEA national in the United Kingdom; or

(ii) has joined the EEA national in the United Kingdom and continues to be dependent upon the EEA national, or to be a member of the EEA national’s household.

(3) The condition in this paragraph is that the person is a relative of an EEA national and on serious health grounds, strictly requires the personal care of the EEA national or the spouse or civil partner of the EEA national.

(4) The condition in this paragraph is that the person is a relative of an EEA national and would meet the requirements in the immigration rules (other than those relating to entry clearance) for indefinite leave to enter or remain in the United Kingdom as a dependent relative of the EEA national.

(5) The condition in this paragraph is that the person is the partner (other than a civil partner) of, and in a durable relationship with, an EEA national or the child (under the age of 18) of that partner, and is able to prove this to the decision maker.

(6) In these Regulations, “relevant EEA national” means, in relation to an extended family member—

(a) referred to in paragraph (2), (3) or (4), the EEA national to whom the extended family member is related;

(b) referred to in paragraph (5), the EEA national who is the durable partner of the extended family member.

(7) In paragraphs (2), (3) and (4), “relative of an EEA national” includes a relative of the spouse or civil partner of an EEA national *

(a) has prior to the 1st February 2017 been issued with—

(i) an EEA family permit;

(ii) a registration certificate; or

(iii) a residence card; and

(b) has since the most recent issue of a document satisfying sub-paragraph (a) been continuously resident in the United Kingdom.

(8) Where an extensive examination of the personal circumstances of the applicant is required under these Regulations, it must include examination of the following—

(a) the best interests of the applicant, particularly where the applicant is a child;

(b) the character and conduct of the applicant; and

(c) whether an EEA national would be deterred from exercising their free movement rights if the application was refused.

C-83/11 Secretary of State for the Home Department v Muhammad Sazzadur Rahman and Others(‘Rahman’) removes any requirement that a person must have resided in a country other than the UK with the EEA national of whom they claim to be an extended family member.

C-129/18 - SM (Enfant placé sous kafala algérienne) making it clear that the category of extended family member can include relatives of an EEA national’s spouse or civil partner; and secondly by setting out the conditions under which a child placed in a system of non-adoptive legal guardianship can be an extended family member for the purpose of the 2016 Regulations.

IA/20342/2012 Nicol Nsobam Gemuh vs The Secretary Of State For The Home Department unreported decision which relates to the status of durable partner.

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9. Family members and extended family members of British citizens


 

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