Extended Family Member [Form EEA (EFM) Application]

Regulation 8 defines extended family members as;

• Distant family members related to the EEA national or to his or her spouse/civil partner who can prove they are dependent.
• Partners who can demonstrate a form of 'durable relationship' with the EEA national without it being a civil partnership

The following are certain conditions that must be established by an extended family member in relation to dependency;

• Article 3(2) of the Directive states that the individual must be a dependent or member of the EEA national in the country from which he or she is from. This explains that the extended family member must have shown their household relationship or dependency on the specified EEA national in the country from which he or she moved to the UK;
• It is essential that the dependency or household relationship with the EEA national must have existed very recently before the EEA national came to the UK;
• The EEA national and the extended family member must have come to the UK at the same time or just before or very recently after the EEA national came to the UK.

The Member States are supported by Article 3 (2) of the Free Movement Directive to facilitate entry and residence which is in concurrence with their national legislation for;

Any other family members, regardless of nationality, not falling under the definition of Article 21 (2) who, in their home country, are either dependents or household members of the Union citizen who has the primary right of residence in the UK or due to serious health issues the Union citizen requires personal care from the family member", and "the attestation of a durable relationship existing between the partner and the Union citizen".

There are four descriptions under Regulation 8 which declares an extended family member as:

• An individual who is related to and financially dependent on the EEA national or to his or her spouse/civil partner or the individual is a member of the EEA national's household who has either:
  1. Joined the EEA national in the UK and has continued to be a dependent on him/her or has joined him/her to be a member of their household;
  2. Has come with the EEA national to the UK or desires to join him or her here.
• An individual who is a relative of and strictly requires the personal care of the EEA national or of his or her spouse/civil partner due to serious health issues that the individual may have.
• An individual who would gather together the necessary requirements (except for those in relation to entry clearance) of the Immigration Rules for ILR as a dependent relative of the EEA national where such a person is present and has remained in the UK.
• An individual who is not a civil partner but can prove that he or she is in a different kind of partnership or in a durable relationship with the EEA national.

Please note that an individual has no rights deriving for the EU law until he or she has been acknowledged as an extended family member and has been issued an EEA family permit, a registration certificate or a residence card.