By Chiara Berneri, Lecturer at BPP Law School
On the 16th of January 2014 the Court of Justice of the European Union (CJEU) further clarified the circumstances under which a family member of an EU citizen who moves to another Member State can be considered a dependant within the meaning of the Directive on the free movement of EU citizens (Directive 2004/38, or the ‘citizens’ Directive’).
The meaning of the word ‘dependant’ in the citizens’ Directive is important, because that Directive allows EU citizens who move to another Member State to bring with them or to be joined by their spouse, registered partner (under certain conditions), descending direct relatives of the citizen or the citizen’s spouse/partner who are under 21 or ‘dependants’, and the ascending directive relatives of the citizen or spouse/partner who are ‘dependants’. The Directive defines these people as the EU citizen’s ‘family members’.
In Flora May Reyes v. Migrationsverket the applicant, Ms Reyes, a Philippines citizen who was born and had lived in the Philippines for all her life, applied for a residence permit in Sweden as a dependant family member of her mother, a dual citizen of the Philippines and Germany, and her mother’s Norwegian cohabiting partner (who subsequently married her mother). Ms. Reyes was then 23 years old and had qualified as a nursing assistant in the Philippines, but had not been able to find work there.
Her application was refused by the Migrationsverket (the Swedish immigration authority) since Ms Reyes could not prove that the money that she was constantly receiving from her mother and her mother’s partner when she was still in the Philippines was used to supply her basic needs in terms of board and lodging and access to healthcare (she had always been dependent on her grandmother during her childhood and adolescence). Moreover, she could not show how her country’s social insurance and security system could have provided for a person in her conditions.
On appeal against this decision, the Gothenburg Administrative Court stated that, although it was evident that the basic needs of the applicant were met by her mother and step-father, her situation could not be regarded being such as she could not support herself in her country without their help. When the case reached the Stockholm Immigration Court of Appeal the latter decided to refer to the CJEU questions to clarify the definition of a ‘dependant’ under the citizens’ Directive. and in particular (a) whether the person concerned had to show that he or she had applicant has to tried to obtain employment or support in the home country but that it was not possible, and (b) whether a person who had a good chance of finding a job in the host country could still be considered a ‘dependant’ of the EU citizen who was living there.
On the first question the Court began by pointing out that, in order to determine whether a family member was ‘dependant’, the host Member State had to assess whether the applicant was not in a position to support herself either in the state of origin or in the state in which she is applying for residency. Once this is established, there is no need to determine the reasons for that dependence.
This is because, reiterating the prior case-law of the Court, free movement rules, like those included in Directive 2004/38, must be interpreted broadly. For these reasons, the fact that a Union citizen pays regularly a sum of money to the applicant is enough to show that the latter is in a situation of dependence and, therefore, the descendant does not have to show that she tried unsuccessfully to find work or support from the authorities in the country of origin.
On this last point, the Court concluded that the potential requirement of proving the attempts to find a job or social assistance would make it excessively difficult for the descendent to obtain the right of residence. On the second question, the Court began by stating that dependence must exist in the country from which the family member comes. For this reason, the prospect of finding a job in the host Member State does not have to affect the interpretation of the condition of dependency. It concluded that the opposite solution would imply that the applicant, in order to be able to enjoy residency in the host Member State, should not apply for any job. However, this would expressly contradict Article 23 of the citizens’ Directive 2004/38, which authorises the family members of EU citizens to take up employment or self-employment in the host Member State.
The judgment of the Court sheds some light on the requisites necessary in order to be considered a dependant. Owing to this judgment an applicant simply has to prove that he or she has been receiving financial support from the EU citizen family member that he or she wishes to join. Simply showing the regularity of the remittances seems to be enough to fulfil the requisite of dependency (see the Advocate-General’s Opinion, para. 59).
It should be recalled that in practice, remittances to family members in developing countries from those family members who have established themselves in developed countries (like EU Member States) is a central facet of immigration. Furthermore, the fact that the applicant, for age, personal conditions or any other reasons, will be likely able to find a job in the host Member State does not count against fulfilling the dependency requirements.
This judgment finds its grounds in the earlier case-law of the Court, namely the Lebon and Jia cases. Lebon introduced the principle that there is no need to investigate the reasons underpinning the situation of dependency. Jia underlined that the situation of dependency is established by referring to the necessity of material support in the State of origin of the applicant.
The application of these two principles to the circumstances in Reyes further clarified the definition of dependence. The Court expressly excluded any requirement to prove that the family member had to have unsuccessfully tried to find a job or to have tried to apply for social assistance. Moreover, since the necessity of material support has to be established in the state of origin, it means that the applicant can become economically independent in the host Member State. This is particularly relevant to people like Ms. Reyes – young people, at the start of their working life, who have undertaken further or higher education (and so are now over 21) but who have not obtained a job in their country of origin.
The indications of the CJEU seem to be quite sharp and clear. Therefore, it is likely that national courts will easily apply them.
The same interpretation of ‘dependants’ should logically be applied to the category of ascending direct relatives, because they are equally included in the definition of the core 'family members' in the citizens' Directive. A different treatment of this group of family members would amount to unjustified discrimination.
A different consideration should apply for dependants referred to in Art. 3(2)(a) of the citizens’ Directive, namely those relatives of the EU citizen who are not included in the definition of ‘family member’ in the Directive, but whose right of entry ‘shall’ be be facilitated by the host Member State (on this category of persons, see further the Court’s judgment in Rahman). From the Advocate-General’s opinion in this case it is possible to understand why national courts cannot be forced to apply the same interpretation of ‘dependants’ also to this group of family members. As he clearly pointed out, the provision concerning these family members in the citizens' Directive does not grant them the right to reside with their EU sponsor but simply obliges the host Member State to 'facilitate' their entry and residence. This means that, potentially, Member States are entitled to undertake an extensive examination of the personal life of the applicant. Perhaps this would mean that the relatives belonging to this category could be asked to prove that they have tried to find a job or seek social assistance in their home state.
With Reyes, the Court has begun to give more concrete guidance to national courts on how to apply the concept of dependence. This improvement was long awaited due to the lack of indications in any sense from the legislation. Given the new development introduced by this case it is likely that in the future other challenging questions on this issue will arise.
Barnard & Peers: chapter 13
can a 28 years married person who have residence card FAMILY MEMBER OF EU CITIZEN which was got through portuguese father move with his portuguese father?ReplyDelete
Yes, as long as that person is dependent as defined by the CJEU case law discussed here.Delete
As CJEU has clarified in McCarthy that dependent family member who have residence card of family member of EU citizen can accompany visa free with EU citizen to UK. will i also be eligible free visa free to UK for 3 months for visit with my father?
Yes, once the UK applies that judgment in practice (April 6th), although the UK authorities might conceivably ask for proof whether a 28 year old was still dependent.Delete
Can parents who are capable to support themselves (financially) but want to apply for a schengen visa to travel with EU citizen be classed as Direct member under the Directive?
According to the case law if the parents receive support from the EU citizen they are dependents, and would then be covered by the Directive, assuming that they are living with that citizen.Delete
I have appeal a rejection of moving to my spouse in Sweden , at the Migrationsverket court of appeal. We waited more than a year and got rejected. How long it will take so they make a decision? Will it time one year again or there is a min and max time for the appeal to answer.ReplyDelete
If you are talking about a non-EU spouse joining an EU citizen from another Member State, the EU citizens' Directive doesn't regulate that issue.Delete
1. Is there any minimum time period during which period the parent has received financial support?
2. Does it matter that the financial support to the parent has been only been sent for several months now and only occasionally when the parent is in the country of origin (which is outside of EU) and not visiting adult children in EU?
3. Does this period when the parent is visiting the adult children with a visitor visa in EU considered as further evidence of dependency? When returning back to the country of origin the parent was always given money for financial support in the country of origin (but there is no evidence that this money was given), it is only now that the financial support is via bank transfer as a proof of financial support.
4. Does it play role that the parent does not have any direct relative (i.e., the parent's parents, the spouse, brothers and sisters passed away) in the country of origin? The parent is thus emotionally dependant to the children in EU.
5. Can the parent, who is now retired and gets state pension from the country of original (which is outside of EU) and thus is able to almost fully support financially still be considered dependant?
Thanks and Kind Regards
All very interesting questions, but the CJEU has not really addressed them. In my opinion, it could be argued that by analogy with Reyes, since the prospect of the family member finding a job is irrelevant, the possibility of other family members being able to support the person concerned is not relevant either. On the retirement pension point, 'dependence' surely does not apply only where the EU citizen supplies *all* of the financial needs of the person concerned. Perhaps by analogy with the case law on free movement of workers, there is a kind of de minimis rule, maybe a 'genuine and substantial' contribution. And I would imagine that a short duration of support might be relevant, but other factors could also apply. For instance, the family member might just recently have been widowed or retired or developed a long-term illness, and/or there is no other prospect of financial support for the foreseeable future.Delete
Is it necessary for a british citizen, who wants to bring a direct ascendant ( 21+) to live in Germany, to be in Germany first or he can accompany the non-EEA family member to Germany from the non-EEA member's home country. If so what visa the non-EEA member should apply for initially?Delete
I can't give advice on individual cases. As the law currently stands, there is no explicit rule about where the family member lived before (if the family member is covered by Article 2 of the citizens' Directive). People often apply for a Schengen visa in these situations but it's best to consult a lawyer to be sure of what you should do.Delete
Dear Mr. Peers,ReplyDelete
I would like to extend the question above: Travelling with financially unindependent parents. I am an EU citizen and would like to travel with my non-EU parents to London. My argument for dependency was me covering ALL the costs of the trip. Would my parents then qualify for the EEA family member visa (whichrequires dependency of the family member on the EEA citizen)?
Thank you very much for your response.
I can't comment on individual cases. The criteria for 'dependence' were most recently set out in the Reyes judgment, which doesn't make specific reference to covering the costs of an individual trip as a factor.Delete
I am a 71 years old American and have one child. She is married to a Swede and they have one child, my only grandchild. This is my only family. Why is emotional dependence not considered? Why is the only type of Dependence financial? A Family also provides companionship and a sense of belonging. The bond between a mother and her child is life -long and should not have to be sacrificed just because her child marries the man she loves and moves to his native country. This is heartless and cruel.ReplyDelete
I agree, although it seems clear from the case law that only financial dependence is legally relevant. But even despite that restriction, the rules are more generous than most national immigration laws in the EU.Delete
If you compare the immigration policy of the Netherlands on parents where the man I love lives to the EU law which allows EEA family member permit, you would absolutely love the possibility it offers. The Dutch govt doesn't even consider you as a family member, it is like you shoulder the responsibility to raised your children, then once they reach 18, you are no use anymore and will become a nobody to your children. You have to wait to die alone in your home country. Now, how does that sound for being heartless and cruel?!Delete
hi, I am a spanish citizen and i am inviting my dad ( filipino citizen) for 3 months holiday here in Spain, unfortunately, to my surprise the guard in the Spanish Embassy in Manila is referring my dad to go to VFS and VFS is asking him 3,000 or 60 euros. In my understanding of Royal Decree 240-2007 , Chapter II , Article 4 number 2, states that ¨2. Family members entering the country who are not nationals of a European Union Member State or of another state party to the Agreement on the European Economic Area must have a valid passport and, in addition, the relevant entry visa where required by Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of a visa when crossing the external borders and those whose nationals are exempt from that requirement. These visas shall be issued free of charge and preference shall be given to processing visas for family members who are accompanying or joining the EU citizen.¨ please correct me if I am right about the Family Member definition that I found ¨core family members of the EU/EEA citizens only, further defined as: spouses, registered partners/cohabitants under any EU/EEA law, direct descenders of both spouses/registered partners under the age of 21, and the parents of the EU/EEA member in addition to the parents of his/her spouse/registered partner¨ReplyDelete
so therefore in my opinion, my father should NOT pay visa fee am I right ? thank you very much in advance
The law you refer to appears to implement the EU citizens' Directive. But that Directive only applies to EU citizens who have moved to another Member State. It wouldn't apply to a Spanish citizen in Spain, so the normal Schengen visa application fee of €60 applies.Delete
I am a filipina married 47 to Spanish national last February 10, 2015, I am currently living in Lliria, Valencia. I have my sister who worked in Philippines consulate in Morroco. She is working in Morocco for about 20 years already. But her only wish is to retire and live with me in Spain. She is 65 years old and single. She supported me when I am in Philippines. I wish we could be together here in Spain. My husband is happy and willing if my sister is live with us. But the question is. Can I get or retire my sister here in Spain? Please help me. I wanted to know if there is possibility in her case.
I can't give advice on individual cases. EU citizens are only covered by the EU citizens' Directive (ie the law discussed above) if they have moved to another Member State. A Spanish citizen who is living in Spain with a non-EU family member is therefore not covered by it. Equally the EU Directive on family reunion for third-country nationals only covers third-country national sponsors, not sponsors who are EU citizens who live in their own Member State.Delete
However, the CJEU case law says that the family reunion Directive *can* be used where a family consists of both EU and non-EU citizens - in that case the non-EU citizen can invoke it. But that Directive does not mention admission of siblings of non-EU citizens, only spouses, partners, children and parents (possibly also grand-children and grand-parents). Member States are free to set more favourable standards, so the admission of siblings is purely up to national law.
Dear Sir Madam,ReplyDelete
I am EU Citizen exercising my Residence rights as EU/EEA nationals in Ireland.
My son non EU national over 25 years now joined me few years ago, we applied for residence permit with the EU 1 form and was approved for 5 years. He is due now for Permanent residence and we are trying to apply for that with the EU 3 form.
My question is in regards to the Explanatory Leaflet for FORM EU3 as below, we have to provide Evidence of dependence on the EU citizen (if child is over the age of 21)
-we could provide that when we applied for 5 years as I remit money for support monthly via western union and provided the receipt, but now he is a member of the household . How do we provide this evidence now when the applicant is already leaving the host states for 5 years
He is currently in College doing FAS course and on job seeker allowance.
Do they expect me to provide a receipt of the money that I give to my son in the living room ? I need more clarity on this question
For a child, grandchild or descendent of the EU citizen: • Birth certificate for the applicant • A letter of consent from the absent parent/legal guardian permitting the child to reside in the State, if only one parent or legal guardian of the child is to reside in the State with the child • Evidence of dependence on the EU citizen (if child is over the age of 21)
I can't give advice on individual cases, in particular on national implementation of EU law. From the EU law point of view it's necessary to show that a child was under 21 for some of the period and dependent (as defined by the CJEU case law) after that period. The CJEU case law points mainly to family financial support for the child, so providing as much evidence of that support as possible would fit those criteria.Delete
Hi, I am Hungarian and I have a Filipina wife who have a son from her former husband.her son came here last year 20years old, and this year he will turn to 21 and he want to study this year. The situation is he have freeovement as family member until 21. Can we extend it until he finish study or as long he is living with us and descendants of my wife?can we appeal for it or if there's any chance ?ReplyDelete
I can't give advice in individual cases. In general the child or step-child of an EU citizen *who has moved to another Member State* is covered by EU free movement law (so entitled to stay in that Member State) even over the age of 21, as long as he or she is 'dependent' as defined in case law, including most recently the Reyes case discussed here.Delete
My husband and I are Spanish citizens recently moved to live and work in Austria. My husband is working. My mother who is 82 and a USA citizen was recently disgnosed with a serious illness (partial complex seizures) and I have been taking care of her. She can not live alone.She is financially independent. As a beneficiary of Directive 2004/38ec can we get her a residence permit to live with us in Austria so I do not have to be separated from my husband and daughter and care for my mother in our home? If so how do I get the Austrian authorities to recognize our right?
Thanks for your question. I can't give advice on individual cases. In general the case law has addressed what it means to be financially dependent, but not the converse question of whether a family member might be considered a 'dependent' with a right to stay with an EU citizen for medical reasons, despite financial independence. In this scenario it could be argued that the family member could only be considered financially independent if they could fully pay the costs of any necessary care indefinitely. Failing that it could be argued that the concept of 'dependent' includes those who are medically dependent, not just financially dependent. As a final alternative, Article 3(2) of the citizens' Directive refers explicitly to those who need medical support; it doesn't require Member States to admit such family but does require Member States to consider such applications and give reasoned decisions on them. The only ECJ case law on this optional clause to date is the judgment in a case called Rahman: http://curia.europa.eu/juris/document/document.jsf?text=&docid=126362&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=268044Delete
In case of an adoption of child, can you then apply thst child through the directive 2004/38EC. If you for example take a situation where the eu citizen and the non eu citizen have lived in the host country, moved back the the eu citizens home country. ( under the directive ) is it then possibly to apply visum for example a family member or do you have to make use of that right while you live in the host country ? In other words it's to late while you have moved back to the home country.ReplyDelete
The EU legislation is silent on adoption. Arguably it defers to each Member State's family law rules on whether adoptions in that State or another State are valid, but it might also be argued that refusal to recognise an adoption might in some cases create a barrier to free movement that would have to be justified on objective grounds. There's no ECJ case law on the issue.Delete
Please i have two children who are Spanish citizens and I and their father are Spanish national do we have the right to live and work since the children are dependent on us the parent.ReplyDelete
It's the other way around. Spanish citizens have the right to live in another EU Member State or otherwise meet the conditions to be there and their children can be with them if they are under 21 or dependent as defined further in this case.Delete
I have a question. I am a permanent resident in Finland living for last 7 years with my wife and son. We all are permanent residents but my parents live in non EU country. I have been supporting them financially since I have come here and now they are getting older as they are near in their 70s to start.
They have visited me on visit visa as well, but I wish them to come and live with me permanently. My parents have hearing and speaking disability and since they are now old and live alone its getting very difficult for them to live like that.
I really want to see if there is an option for me to move my parents here since they are first of all disabled, secondly my mother has long term illness since she has been through a heart attach last year and now she is in recovery from that. They are also completely dependent on me. I want to see my options if there are any??
On Finnish immigration website it shows that I could only bring my spouse or children but not the parents as part of family sponsorships. Any other suggestions?
I can't give advice in individual cases. In general the citizen of one EU country who is exercising free movement rights in another country can bring in dependent parents. The definition of "dependent" is clarified in the case law discussed in thus blog post. Perhaps the government website information relating to EU citizens covers this issue.Delete
Dear Sir, if a child is over 18 but under 21, does he/she have to show dependency on their EU national mother or not.ReplyDelete
No. If they are otherwise within the scope of the EU free movement law then it is sufficient that the child is under 21; only those over 21 have to show dependency.Delete
A non-EU adult child (over 21) is granted permission to enter the UK on an EU family permit, and subsequently gets a residence card, while studying at university. He/She lives in the EU parents' household even after finishing university while unemployed or working only part-time, sporadically. Are there any problems with them remaining on the dependent family member residence card until the 5 year period for settlement passes? What criteria does the UK use to determine "dependent"? Thankk you.ReplyDelete
As it stands, the UK applies the EU legislation and case law, including this judgment. This would also apply to EU27 citizens and family resident before Brexit day, if the withdrawal agreement is approved. If it is not approved, then we have to wait to see what the UK government will do.Delete
I have a question please. I'm european living in the UK with my non-EU wife. We both have permanent residency in the UK. Can we bring my wife's mother over with an EU family permit if it's actually my wife who sends her money on a regular basis, which would make her dependent on my wife? Thank you for your answer.ReplyDelete
I can't give advice in individual cases. But in principle a citizen of another Member State living in the UK on the basis of EU law can bring in a mother-in-law who is dependent as defined by the case law. Consult a lawyer for proper advice, and be aware that the situation may change after Brexit day.Delete
Is me again IsaacReplyDelete
I am EU national living in the UK. My non-EU daughter is 24 years and dependant who just completed her university last year and as well nation service program last 2 months ago which was compulsories for every graduate in the country origin. Currently, she still dependant and not working. Please, can I apply for her as a direct family member to join me here. Meanwhile, there is enough evidences to prove several remittances she receives
I can't comment on individual cases, but someone in her situation in principle would seem to qualify under the case law. She should contact a lawyer to advise on the details.Delete
I have a question too, please. My Niece is 11 years old and is an EU Citizen. She is to join her EU-Citizen Mum who has recently relocated to Germany from from France but I am to accompany her to help with her settling in as she has been living with me outside the EU since she was 2yrs old. Can she exercise free movement rights? Does EU law allow me to accompany her being a minor? Or is my application best based on her mum who is my Sister? Thanks and Happy New Year in advance!ReplyDelete
I can't give advice on individual cases. But in general terms (I'm assuming her mum has moved to a Member State other than the one she's a citizen of, and is otherwise exercising free movement rights in accordance with EU law) your niece would be moving either as a family member of her mother or as an EU citizen in her own right. The case law on EU citizenship rights of children says that they can invoke those rights in their own name as long as they have sickness insurance and sufficient resources; crucially the resources can be provided by family members. Assuming you're a non-EU citizen you wouldn't qualify as a main family member (which is what this case is about) as it doesn't apply to sisters or aunts (assuming your care of your niece wasn't a "kefalah" relationship, on which there is a case pending). However there is an extended family clause in the EU citizens' directive, which applies to dependents (although the case law says that parents of EU citizen children can't be considered their dependents, so this likely applies by analogy to aunts as well, so the argument would have to be that you are a dependent of your sister; presumably the definition of dependent in the case law discussed in this blog post applies by analogy) or to members of the household in the previous country, which you would be as regards your niece. However there's no right for extended family to enter and reside, only to make an application and have an explanation of the reasons for the decision on it (and the right to appeal a negative decision). If you are helping for less than 90 days though in principle that would be possible on the basis of a Schengen visa or (if you don't need a Schengen visa due to nationality) the stay of 90 days which you would otherwise be permitted. I hope it works out.Delete
Thank you very much for taking time to explain. The issue is much clearer to me now.Delete
Dear Mr. Peers,ReplyDelete
I am a Dutch national and have been living with my non-EU husband in Germany for 6 years now. We brought his mother here under te Directive but the dependent siblings are not even allowed to apply for a visa under the directive by the German government, not even a very sick brother that needs an operation. The siblings are completely dependent on us because they fled the war in Yemen. Solvit Germany is of no assistance. I need advice on how to continue with this and which steps to take now. It's been over 3 years and we are now forced to leave Germany so we can try to bring them here via another member state that is following the rules, I should think there should be another way we can solve this issue.
I can't give advice on individual cases. But in general, adult siblings are not within the scope of the usual family member rules (which entail an obligation to admit) but rather of the extended family rules (which don't entail an obligation to admit, but rather an obligation to consider an application and give a reasoned decision which can then be appealed). It sounds as if Germany might be breaching its legal obligations, for which some form of legal action against the German government might be possible, although you should consult a lawyer before going forward.Delete
I am a 22 year old Student and currently live with my parents. I applied for an educational grant at the college I am attending but my application was rejected on the grounds of my migrant status. My understanding is that if I can show myself to be a dependant to my parents I may qualify for a grant similar to how a child of a worker may qualify. However, my question is it possible to prove I am a dependant without formal/official evidence of financial assistance and remittance from my parents. I do not work and I live with my parents.ReplyDelete
I can't give advice in individual cases. There's been nothing further since this judgment to clarify the law. If you are the child of a migrant EU worker there is a CJEU judgment called Gaal that might be relevant.Delete
I have noticed judgement contradictions in the cases of Jia and Reyes. In Jia’s case in order to investigate “dependency” the court requires the host member state to assess whether the applicant is in a position to support himself either in the state of origin OR in the state in which he is applying for residency, but in the Reyes’s case the court requires the necessity of material support to exist in the state of origin. Now one can be financially independent in their country of origin, but be unable to independently finance his basics needs in the member state simply due to poor currency values and thus become “dependent” upon arrival to the member state.ReplyDelete
Thanks for the valuable information and replying to comments above.
I have one query as well and hope you will be , I am a British National and I have got an offer in Luxembourg and planning to move to Luxembourg towards February end. My parents are non eu nationals and i have been supporting them financially (~£300/month) from last few months. Do you think I will be able to get my parents as dependents to Luxembourg.
I can't give advice on individual situations. In general, giving financial support meets the criteria for dependence under the case law, although the case law has not looked at the specific issue of what happens if the support has been supplied only for a fairly brief period. If the withdrawal agreement is ratified, free movement law will still apply to UK citizens and their family during the transition period (to the end of 2020, if not extended).Delete
Hi Steve, Thanks for your reply. Do you know what is the usual period of support is expected by case worker. And one more query if in dec 2020 transition period not extended then can my parents will have to go back? and in such case will UK allow them to come back with me to UK.Delete
1 Different administrations are likely to interpret the case law differently. You might want to contact groups of EU citizens who have moved to Luxembourg to ask. 2 Any UK citizens and family members who are exercising free movement rights in an EU country at the end of the transition period can stay under the withdrawal agreement. But they should look into the process of registering to keep their rights. 3 UK government allows UK citizens to return with non EU family members after Brexit but you need to look further into the details, such as the time limit for doing so.Delete
Hello sir, i am a filipina married to a german living here in germany.i had a filipino son and i want him to live with me here also in germany. But my german husband is jobless at the moment. We get a financial help only from the government. My question is if i can get a job here in germany soon is it possible that i can process tje visa of my son and bring him here in germany? He is 13yrs and living with my mom in philipines.ReplyDelete
I can't give legal advice in individual cases. But as a general point, EU free movement law only applies where an EU citizen has moved to another Member State. Family reunion for German citizens in Germany is up to German law.Delete
Mt wife is Hungrian and I and my parents are non Eu, we dont have any evidence of dependency, do I still bring my parents here in the uk based on Eu lawReplyDelete
I can't give advice on individual cases. The case law on the meaning of 'dependent' is summarised in the blog post (at time of this reply, there are no more recent cases).Delete
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