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24 Aug Extended family members and dependency

Posted on August 24, 2021 in Investing in the UK by
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The Court of Appeal has recently confirmed in the case of Chowdhury v Secretary of State for the Home Department [2021] EWCA Civ 1220, that extended family members applying for an EEA residence card, must not break the period in which they have been dependent on their EEA sponsor. Therefore, dependency must be continuous and any ‘break’ in dependency will likely result in a refusal of their application.

The reason for granting rights to extended family members, is so that the rights of the relevant EU national are protected under the free movement directive as per the EEA Regulations 2006 and 2016. As mentioned, if at any point they are not dependent on their EU sponsor, then there would be no need to protect an EU national’s right to free movement in this respect.

This new decision will have a real impact by limiting the ability of certain extended family members in meeting the necessary threshold to apply for settled status. Post Brexit, this should only affect those with outstanding appeals or applications under the EEA Regulations.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.