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Interpretation on "dependency" for extended family members of EEA nationals is now relaxed

22 December 2009

In Jia v Migrationsverket (2007), the Tribunal found that in the case of extended family members of EEA nationals the dependency had to be of necessity and not of choice. This conclusion effectively treated applications from extended family members of EEA nationals as applications made under the more stringent requirements of the Immigration Rules and seriously placed applicants who could not prove that their dependency is one of necessity at a disadvantage.

However, in the recent determination of OQ (India) & Anor v Entry Clearance Officer (2009) the Court found that the Tribunal's interpretation of the ECJ's decision in Jia had been incorrect. The Directive and therefore the EEA Regulations required dependency – but the issue was limited to the factual question of whether there actually was such dependency and not financial dependency or support.

Please contact us if you need advise in respect of rights of free movement for European nationals and their family members.

 

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