I'm new here and I need your help about EEA family permit.

I am Montenegrin citizen and my wife is both Serbian and Hungarian citizen, I have a brother who lives in UK and we want to move there. My brother wants to guarantee for us but he does not know how; he is married, has his own house, and him and his wife have good jobs. My brother should get citizenship UK.

My questions are:

  • Does anyone know how to guarantee (example form) and if it can be guaranteed without a British passport, only with citizenship?

  • How important is the quadrature of the house and whether it should have a separate room for us?

Me and my wife are unemployed, we have some savings but it would therefore like to guarantee my brother for us.

  • Question for expat.se – motoDrizzt Jun 6 '17 at 11:54

Your brother's circumstances are not relevant to your application. He cannot help you with an EEA family permit, nor with immigration under the non-EEA route. Your wife will be your sponsor for an EEA family permit, because she is Hungarian.

Immigration under the (non-EEA) immigration rules is not available because you are not your brother's spouse, partner, fiancé, child, or caregiver; see https://www.gov.uk/join-family-in-uk.

Your wife can move to the UK and stay there for some time as a job seeker, but in fact she need not provide any justification for her presence in the UK for the first three months. She has a right under EU law for you to accompany her, and this is the basis for your EEA family permit. See https://www.gov.uk/family-permit/overview.

Because your wife is not yet living in the UK, there is no need for you to answer any questions about employment, finances, or accommodations.

To settle under the EEA regulations, your wife will need to find a job (there are other ways to qualify, but that is the most common), whereafter you can apply for a residence card. See https://www.gov.uk/apply-for-a-uk-residence-card.

You are surely aware that the UK is in the process of leaving the EU. This means that it is very likely that this legal framework will cease to apply, probably in 2019. The options that would be available to you to remain in the UK at that point are uncertain.

Finally, even if your brother were an EEA national, it would be less secure for you to apply under his sponsorship because you would have to qualify as an "extended family member," which is rather more difficult. Also, if he becomes a British citizen, he will be unable to sponsor you under the EEA regulations because that route is not usually available to the family of British citizens; instead, they must apply under the immigration rules.

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  • Thank you for responding, I think I asked the question wrong.My question is on the issue in the application VAF5 form for EEA family permit under the section 8.9.1 " Where do you and the EEA National plan to live in UK?" I would write my brother address under this section. If EEA family permit is granted,we intend to live with my brother family at there house.So I wonder do I need supporting letter from him and supporting documents (copy of passport,bank statement,pay slips,home ownship e.g.) Please advice. – bato11 Jun 6 '17 at 19:13
  • @bato11 they're not actually supposed to be asking that question. There is no related ground for denying the application. If you want to answer it just to be cooperative, just give your brother's address. I don't expect you'll need a supporting letter. You can provide one if you like. – phoog Jun 6 '17 at 19:15

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