Regulation 8 of Immigration (European Economic Area) Regulations 2016 defines an extended family member as a person who is not a family member of an EEA national under regulation 7(1)(a),(b) or (c) and who is either:
- a relative of an EEA national who is residing in a country other than the UK and is dependent on the EEA national;
- is a member of their household and either:
- is accompanying the EEA national to the UK or wishes to join them
- has joined them in the UK and continues to be dependent on them or to be a member of their household;
- a relative of an EEA national who strictly requires the personal care of the EEA national due to serious health grounds;
- a relative of an EEA national who would meet the requirements of the Immigration Rules for indefinite leave to remain (other than those relating to entry clearance) as a dependent relative of an EEA national as if the EEA national was a person present and settled in the UK; or is
- the partner (other than a civil partner) of an EEA national who can prove they are in a durable relationship with the EEA national.
Previously, extended family members had no right to appeal a refused application, however the Home Office has implemented an updated clause in the 2016 Regulations which states:
“Regulation 3 concerns the rights of appeal for extended family members of EEA nationals. It amends the Immigration (European Economic Area) Regulations 2016 (“the 2016 Regulations”). It does this by making provision for a right of appeal against a decision to refuse to issue an EEA family permit (under regulation 12(4)), a registration certificate (under regulation 17(5)) or a residence card (under regulation 18(4)) to an extended family member of an EEA national”.
Explanatory memorandum, paragraph 7.5
This change should be implemented 21 days after the regulations were brought before Parliament, which was 7 March 2019. Therefore extended family members of EEA residents will have the right to appeal a refusal after this date.
Gherson have extensive experience of all family immigration routes and the EU Settlement Scheme. If you require any advice in respect of any related issues, please do not hesitate to contact us.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.