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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am married a EU National and I have a visa to stay (5 years),

Customer Question

I am married a EU National and I have a visa to stay (5 years), my brother has granted access to the country as a tourist, now his visa has expired and he has overstayed and I would like to know if there is any way he can become legal through me. What is the right application to apply for. (he is currently in the UK and with his tourist visa expired)
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
What nationality is your brother please ?
Kind regards
Tom
Customer: replied 2 years ago.

Brazilian.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I’m afraid that he would not automatically qualify as a family member of an EEA national.
The only way that he would be able to apply is if you were able to show that he is an extended family member who is dependent on you. You must be able to show that he’s dependent on the your spouse or you, or have a serious health condition and rely on them to care for you.
Dependency essentially means that he must be unable to look after himself, in that he must not be able to carry out day to day tasks without assistance from you or your EEA spouse.
If he is an adult who can look after himself then he would not be able to apply.
I am sorry.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Well, he is not serious ill but he is dependant on me, he cant work because of his migratory situation, also he cannot go back to brazil because the house he used to live in has been sold, what to do ?

Expert:  Thomas replied 2 years ago.
I'm afraid that if he is physically able to look after himself then he simply would not be regarded as a dependent for the purpose of the rules, even though his immigration status is as an overstayer. The situation is the same with the house in Brazil, it may have been sold but if he is fit and able to work then it would not mean that he is a dependent family member for the purpose of th erules. The only possibility would be an application for asylum but it would have to be a genuine, legitimate claim. Details on asylum eligibility here:https://www.gov.uk/claim-asylum/eligibility I am sorryTom